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11.21.24 City Council Agenda
M ayor Aaron Brockett Council M e mbe rs Taishya Adams Matt Benjamin Lauren Folkerts Tina Marquis Ryan Schuchard Nicole Speer Mark Wallach Tara Winer Council Chambers 1777 Broadway Boulder, CO 80302 November 21, 2024 6:00 PM City M anage r Nuria Rivera-Vandermyde City Attorne y Teresa Taylor Tate City Cle rk Elesha Johnson AGE NDA FOR T HE REGULAR MEET ING OF T HE BOULDER CIT Y COUNCIL 1.Call to Order and Roll C all A.Small B usiness S aturday Declaration presented by M ayor P ro Tem Speer 10 M in 2.O pen C omment 3.Consent Agenda A.Consideration of a motion to approve the 2025 Council M eeting Calendar B.Consideration of a motion to approve the October 24, 2024 S tudy S ession Summary regarding the 2025 P olicy Statement on Regional, S tate and F ederal Issues C.Consideration of a motion authorizing the C ity M anager to convey the permanently affordable home at 3345 C hisholm T rl #C105, Boulder, C O to eligible buyers and sign all associated agreements D.Consideration of a motion to approve amendments to the Alpine Basam Area P lan Connections Plan to modify the location of the residential mobility hub at 10th S treet and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. T his request was included with the F orm-Based Code Review application for site and infrastructure improvements associated with redevelopment of the property at 1100 B alsam Avenue with 217 new housing units split between seven buildings, including a total of 157 permanently affordable units and 60 market-rate units, as well as 2,100 square feet of new commercial space under L UR2023-00034, L UR2023-00042 and L UR2024-00017 E .Introduction, first reading and consideration of a motion to order published by title only Ordinance 8658, amending S ection 2-3-7, Packet Page 1 of 903 “Landmarks B oard,” and C hapter 9-11 “Historic Preservation,” B.R.C. 1981, to remove the appointment of a P lanning Board member to the L andmarks Board and revise the review process timeframes and approval expiration dates; and setting forth related details F.Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8669, amending T itle 9, “L and Use Code,” B.R.C . 1981, by adopting form-based code standards for parts of East Boulder, moving the form-based code from Appendix M to C hapter 9-14, “F orm-Based Code,” B .R.C . 1981, revising rezoning and trip reduction standards for E ast Boulder; and setting forth related details G .Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8674 amending S ection 4-20-23, “Water P ermit F ees,” C hapter 11-1, “Water Utility,” and Chapter 11-2, Wastewater Utility,” B.R.C . 1981, updating water permit fees and clarifying enforcement provisions under the B ackflow Prevention and C ross-Connection Control Program to protect the drinking water system and public health; and setting forth related details H.Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8675 approving supplemental appropriations to the 2024 B udget; and setting forth related details I.Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8672, amending the introduction and C hapters 8, 9 and 11 of the C ity of B oulder Design and Construction S tandards (D.C .S .), originally adopted pursuant to Ordinance 5986, adding standards for narrow trenching related to installation of telecommunications infrastructure; and setting forth related details J .S econd reading and consideration of a motion to adopt Ordinance 8668 amending T itle 9, “L and Use Code,” B.R.C . 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine- Balsam Area and to eliminate S UM P principles for certain buildings with permanently affordable units, and setting forth related details K.S econd reading and consideration of a motion to adopt Ordinance 8673 amending Chapter 4-20, "F ees," and C hapter 4-25," Fire Contractor License," B.R.C. 1981, concerning updates to licenses issued for work covered by the city fire code; and setting forth related details 4.Call-Up C heck-In A.Consideration of a Site Review Amendment for an approximately 55- foot tall structure with 50,069 square-feet of floor area with a first- floor meeting space, mechanical mezzanine, and upper-level hotel rooms connected to the existing St. J ulien Hotel at 900 Walnut Street. Reviewed under case no. L UR2023-00046 B.L andmark Alteration Certificate application to modify the front dormer and entry of the house at 2041 5th S t. in the M apleton Hill Packet Page 2 of 903 Historic District, pursuant to S ection 9-11-18 of the Boulder Revised Code 1981 and under the procedures prescribed by chapter 1-3, “Q uasi-J udicial Hearings,” B .R.C. 1981 C.L andmark Alteration Certificate application to construct a new 715 sq. ft. accessory building at 575 E uclid Ave. a pending landmark, pursuant to Section 9-11-18 of the Boulder Revised Code 1981 and under the procedures prescribed by chapter 1-3, “Quasi-J udicial Hearings,” B.R.C . 1981 5.P ublic Hearings A.C onsideration of a motion to approve and authorize the city manager to enter into, execute, and negotiate administrative amendments prior to or during the term, a 20-year F iber B ackbone L ease Agreement, in substantially the same form as in Attachment A, between the C ity of B oulder and AL L O Communications L L C, leasing the city’s dark fiber backbone for retail broadband services, with the City Council finding that the lease and the construction associated therewith will provide a public benefit to the city of B oulder 75 min - 20 min presentation / 55 min council discussion B.C ontinued public hearing to consider: 1. A motion to find that there is interest in considering a S ervice Area expansion into the Area I II-Planning Reserve as part of the 2025 major update to the Boulder Valley Comprehensive P lan. F ollowing the joint public hearing with the Planning B oard on November 14, 2024, City Council moved to continue the hearing to November 21, 2024. On November 19 and 21, the two bodies, respectively, will deliberate and consider a motion regarding its interest in considering a S ervice Area expansion into the Area III- Planning Reserve as part of the 2025 major update to the B V C P. No additional testimony will be taken on this subject at the continued hearings. 60 min Council discussion 6.M atters from the City M anager 7.M atters from the City Attorney 8.M atters from the M ayor and M embers of C ouncil 9.Discussion Items 10.Debrief 11.Adjournment 3:40 hrs Additional M aterials P resentations Packet Page 3 of 903 Item Updates Information Items Boards and C ommissions A.S eptember 9, 2024 Water Resources Advisory Board Signed M inutes B.October 9, 2024 E nvironmental Advisory B oard S igned M inutes Declarations A.World AID S D ay Declaration Heads Up! E mail This meeting can be viewed at www.bouldercolorado.gov/city-council. Meetings are aired live o n Municipal Channel 8 and the city's we bsite and are re-cablecast at 6 p.m. Wednesdays and 11 a.m. Fridays in the two we eks following a regular counc il meeting. Boulder 8 TV (Comc ast channels 8 and 880) is now providing c losed c aptioning for all live meetings that are aired on the channels. The c losed captioning service operates in the same manner as similar services offered by broadc ast channels, allowing viewers to turn the closed c aptioning on or off with the television remote c ontrol. Closed captioning also is available on the live HD stream on Boulder Channel8.com. To ac tivate the captioning service for the live stream, the "C C" button (whic h is located at the bottom of the video player) will be illuminated and available whenever the channel is providing captioning servic es. The council chambers is equipped with a T-Coil assisted listening loop and portable assisted listening devic es. I ndividuals with hearing or speec h loss may contact us using Relay Colorado at 711 or 1-800-659-3656. Anyone requiring spec ial pac ket preparation such as Braille, large print, or tape recorded versions may contac t the City C lerk's Office at 303-441-4222, 8 a.m. - 5 p.m. Monday through Friday. Please request special packet preparation no later than 48 hours prior to the meeting. I f you need Spanish interpretation or other language-related assistance for this meeting, please call (303) 441-1905 at least three business days prior to the meeting. Si usted necesita interpretacion o cualquier otra ay uda c on relacion al idioma para esta junta, por favor c omuniquese al (303) 441-1905 por lo menos 3 negocios dias antes de la junta. Send elec tronic presentations to email address: CityClerkS taff@bouldercolorado.gov no later than 2 p.m. the day of the meeting. Packet Page 4 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Small Business Saturday Declaration presented by Mayor Pro Tem Speer P RI MARY STAF F C ON TAC T Megan Valliere, City C ouncil Program Manager AT TAC H ME N T S: Description Small B usiness Saturday Declaration Packet Page 5 of 903 Packet Page 6 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M C onsideration of a motion to approve the 2025 Council Meeting Calendar P RI MARY STAF F C ON TAC T Elesha J ohnson, City C lerk RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to approve the 2025 C ouncil Meeting C alendar AT TAC H ME N T S: Description I tem 3A - Consideration of a motion to approv e the 2025 Council Meeting Calendar Packet Page 7 of 903 PROPOSED 2025 City Council Meeting Dates Presented to Council for approval at the November 21st, 2024 meeting. Date Regular Meeting or Study Session NOTES January 9 SPECIAL Meeting First meeting of the month after recess January 16 Regular Meeting January 23 Study Session January 30 5TH Thursday NO MEETING February 6 Regular Meeting February 13 Study Session February 20 Regular Meeting February 27 Study Session March 6 Regular Meeting March 13 Study Session Purim begins at sunset March 20 Regular Meeting Board & Commission Appointments March 24th- March 28th CU and BVSD Spring Break – NO MEETING April 3 Regular Meeting April 10 Study Session April 17 – 7 p.m. Regular Meeting (Possible late start – Sister City Dinner) April 24 Study Session May 1 – 7 p.m. Regular Meeting (Possible late start – YOAB Dinner) May 8 Study Session May 15 Regular Meeting May 22 Study Session May 29th 5TH Thursday NO MEETING June 5 Regular Meeting June 12 Study Session June 19 Regular Meeting June 26 Study Session June 27th- July 18th* NO MEETINGS – Council SUMMER Recess* Can be extended based on the direction of Council as long as a minimum requirement of one regular meeting in June, July, and August is met. July 24 SPECIAL Meeting First meeting of the month after recess July 31 Study Session August 7 Regular Meeting August 14 Study Session August 21 Regular Meeting August 28 Study Session September 4 Regular Meeting September 11 Study Session September 18 Regular Meeting September 25 Study Session Tuesday, September 30 Regular Meeting The LAST evening of Yom Kippur is October 2nd Packet Page 8 of 903 October 9 Study Session Sukkot BEGINS on the 6th and ENDS on the 13th October 16 Regular Meeting October 23 Study Session October 30st No Meeting 5th Thursday November 6 Regular Meeting November 4 – Election Day November 13 Study Session November 20 Regular Meeting November 24th - 28th No meeting week of Thanksgiving December 4 Regular Meeting December 11 Study Session December 18 Regular Meeting December 20th – Jan 5th - No meetings of Christmas / New Year’s Day – Council WINTER Recess Packet Page 9 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 ST U D Y SE SSI ON I T E M C onsideration of a motion to approve the October 24, 2024 Study Session Summary regarding the 2025 Policy Statement on Regional, State and Federal Issues P RI MARY STAF F C ON TAC T C arl Castillo, 303-441-3009 RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to approve the October 24, 2024 Study Session Summary regarding the 2025 Policy Statement on Regional, State and Federal Issues AT TAC H ME N T S: Description I tem 3B -Consideration of a motion to approv e the October 24, 2024 Study Session Summary regarding the 2025 P olicy Statement on Regional, State and F ederal I ssues Packet Page 10 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE: Consideration of a motion to approve the October 24, 2024 Study Session Summary regarding the 2025 Policy Statement on Regional, State and Federal Issues PRESENTERS: Nuria Rivera-Vandermyde, City Manager Chris Meschuk, Deputy City Manager Carl Castillo, Chief Policy Advisor Megan Valliere, City Council Program Manager EXECUTIVE SUMMARY The purpose of the study session was to give City Council an opportunity to provide input on the city’s proposed 2025 Policy Statement on Regional, State and Federal Policy Issues and to prepare council to participate in advocacy in 2025. STAFF RECOMMENDATION Suggested Motion Language: Motion to approve the October 24, 2024 Study Session Summary regarding the 2025 Policy Statement on Regional, State and Federal Issues SUMMARY OF PRESENTATION & COUNCIL DISCUSSION Item 3B - Oct 24 2024 SS Summary on 2025 Policy Statement 1 Packet Page 11 of 903 City Council Member Benjamin moderated the discussion. Staff provided a presentation on the purpose and use of the 2025 Policy Statement on Regional, State and Federal Issues (Policy Statement), introduced the city’s advocacy team and partners, and then highlighted some of the 25 substantive changes proposed for the 2025 Policy Statement. Specifically, staff highlighted those proposed changes to the Policy Statement that were expected to be addressed in 2025 legislation. The positions were as follows: •1, on climate resilience, •18, on minimum wage, •42, on personal recognizance bonds, •55, on wildfire protection •64, on transportation access for vulnerable populations, •66, on creation transportation goals for the Colorado Department of Transportation, •77, on water quality Staff then presented one regional, four state, and three federal policy priorities. These priorities are a packaging of one or more policy positions that the city will commit its greatest attention & political capital to each year. The proposed priorities were as follows: Regional Policy Priority 1.Countywide Housing and Human Service Partnership Goals State Policy Priority 1.Fund and Protect the City’s Ability to Reduce and Prevent Homelessness 2.Ban Assault Weapons 3.Establish On-Bill Repayment Program for Accessible Energy Upgrades 4.Vulnerable Road User Fee Federal Policy Priority 1.Congressionally Directed Spending Requests 2.Northwest Area Mobility Study Projects The city’s state lobbyists, Will Coyne, then provided an update on what the city could expect in 2025. Specifically, he spoke toward the impact of the national elections, TABOR and its impact on state budget and legislation, the possible legislative make-up and the governor’s priorities. Staff then asked two questions of Council: 1.Does council have any questions about how the proposed Policy Statement is used to engage in advocacy efforts? 2.Does council have any questions or concerns about the principles, priorities or positions contained in the proposed Policy Statement? Council Members asked the following questions: Item 3B - Oct 24 2024 SS Summary on 2025 Policy Statement 2 Packet Page 12 of 903 1.Why was a position on federal action on Vision Zero not included as a federal priority? 2.Does the vulnerable road user policy priority have anything to do with trucks? 3.Can we make sure the transportation mode share bill takes equity into account, specifically by recognizing that accessibility varies among demographics? Council then provided the following input: 1)Make sure that the paratransit legislation is not hard or less expensive to expand paratransit service. We need to avoid unintended consequences. 2)Revise the position on minimum wage to strike reference to equity. 3)Bring minimum wage position back to the next meeting of the Intergovernmental Affairs Committee to discuss whether it should be expanded to address equity issues more broadly. Item 3B - Oct 24 2024 SS Summary on 2025 Policy Statement 3 Packet Page 13 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M C onsideration of a motion authorizing the City Manager to convey the permanently affordable home at 3345 Chisholm Trl #C105, Boulder, C O to eligible buyers and sign all associated agreements P RI MARY STAF F C ON TAC T Eli Urken/Homeownership Manager RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion authorizing the C ity Manager to convey the permanently affordable home at 3345 C hisholm Trl #C 105, Boulder, C O to eligible buyers and sign all associated agreements. AT TAC H ME N T S: Description I tem 3C - Consideration of a motion authorizing the City Manager to conv ey a permanently affordable home to eligible buyers and sign all associated agreements. Packet Page 14 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Consideration of a motion authorizing the City Manager to convey the permanently affordable home at 3345 Chisholm Trail #C105, Boulder, CO to eligible buyers and sign all associated agreements. PRESENTER/S Nuria Rivera-Vandermyde, City Manager Kurt Firnhaber, Director of Housing & Human Services Jay Sugnet, Housing & Human Services Senior Manager Eli Urken, Homeownership Manager EXECUTIVE SUMMARY Approval from City Council is required to dispose of City property. The City, through its Housing & Human Services Department, purchased 3345 Chisholm Trail #C105, Boulder, CO in February of 2024. The home was purchased with the intention of providing homeownership opportunities to middle income buyers. The homeownership program seeks approval to sell the property to a program qualified buyer. This will allow the home to be added to the City’s Permanently Affordable Homeownership Program. STAFF RECOMMENDATION Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to authorize the City Manager to dispose of the permanently affordable home at 3345 Chisholm Trail #C105, Boulder, CO to eligible buyers and sign all associated agreements. Item 3C: Consideration of a motion authorizing the City Manager to convey a permanently affordable home to eligible buyers and sign all associated agreements. Page 1 Packet Page 15 of 903 COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS •Economic – The City’s Permanently Affordable Homeownership Program is committed to making homes in our community available to a variety of people. We offer opportunities for homeownership to those with low-, moderate-, and middle-incomes throughout the city. Authorizing the City Manager to sell the properties will provide opportunities for permanently affordable homeownership to families in Boulder. •Social – The sale of these homes will give income qualified applicants the opportunity to purchase an affordable home in Boulder while increasing overall socio-economic diversity. OTHER IMPACTS Fiscal – The purchase and sale of the property will have a net cost of approximately $184,500. The majority of this represents the subsidy needed to convert the home from market rate to permanently affordable. To make them affordable, the price needed to be lowered. In addition, some of the systems in the homes were in need of maintenance or replacement. The net cost was anticipated and budgeted for within the Housing & Human Services initiative that creates middle-income permanently affordable homes, known as the Scattered Site Acquisitions program. Table A – Property Purchase, Rehabilitation and Resale Costs 3345 Chisholm Trl #C105 2 bed, 1 bath, 963 sq ft Purchase Amount ≈ ($337,000.00) Rehabilitation Costs ≈ ($68,600.00) Resale Costs ≈ ($7,800.00) Total Costs ≈ ($413,400.00) Table B – Property Sale Property Resale Amount $250,000.00 Total Costs ≈ ($413,400.00) Affordable Housing Fund ≈ ($163,400.00) •Staff time - Staff time needed to facilitate the property sale would be a part of the normal work plan. No additional staff resources would be required. BACKGROUND To build the inventory of permanently affordable homes available to middle-income earners (80-120% AMI), Housing & Human Services established a new initiative in 2021 called Scattered Site Acquisitions. The goal of this initiative is to buy homes at market prices and resell them at lower prices that are in line with the Permanently Affordable Homeownership Program specific to middle-income. A permanently affordable covenant Item 3C: Consideration of a motion authorizing the City Manager to convey a permanently affordable home to eligible buyers and sign all associated agreements. Page 2 Packet Page 16 of 903 is attached to the property to ensure affordability in perpetuity. 3345 Chisholm Trail #C105, Boulder, CO was purchased at market rate with the intention to convert it to a permanently affordable home. ANALYSIS The Housing & Human Service’s mission is to preserve and provide safe, quality and affordable housing opportunities through collaborative community planning and funding of programs. The purchase and resale of these properties upholds the mission of the program. The disposal of this property will afford certified applicants opportunities to own a home in the city. This property will serve applicants who earn up to 120% of the Area Median Income. Approval from City Council is required to dispose of City property, § 2-2-8(a) “Conveyance of Real Property Interests,” B.R.C. 1981. Item 3C: Consideration of a motion authorizing the City Manager to convey a permanently affordable home to eligible buyers and sign all associated agreements. Page 3 Packet Page 17 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M C onsideration of a motion to approve amendments to the Alpine Basam Area Plan C onnections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. T his request was included with the Form-Based Code Review application for site and infrastructure improvements associated with redevelopment of the property at 1100 Balsam Avenue with 217 new housing units split between seven buildings, including a total of 157 permanently affordable units and 60 market-rate units, as well as 2,100 square feet of new commercial space under LUR2023-00034, LUR2023-00042 and LUR2024-00017 P RI MARY STAF F C ON TAC T C handler Van Schaack, Development Review Planner Principal RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to approve amendments to the Alpine Basam Area Plan C onnections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. T his request was included with the Form- Based Code Review application for site and infrastructure improvements associated with redevelopment of the property at 1100 Balsam Avenue with 217 new housing units split between seven buildings, including a total of 157 permanently affordable units and 60 market- rate units, as well as 2,100 square feet of new commercial space under LUR2023-00034, LUR2023-00042 and LUR2024-00017 AT TAC H ME N T S: Description I tem 3D - Consideration of a motion to approv e amendments to the Alpine B alsam Area Connections P lan Amendment Packet Page 18 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Consideration of a motion to approve amendments to the Alpine Basam Area Plan Connections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. This request was included with the Form-Based Code Review application for site and infrastructure improvements associated with redevelopment of the property at 1100 Balsam Avenue with 217 new housing units split between seven buildings, including a total of 157 permanently affordable units and 60 market-rate units, as well as 2,100 square feet of new commercial space under LUR2023-00034, LUR2023-00042 and LUR2024-00017. PRESENTERS Nuria Rivera-Vandermyde, City Manager Mark Woulf, Assistant City Manager Brad Mueller, Director of Planning & Development Services Charles Ferro, Senior Planning Manager Chandler Van Schaack, Principal Planner EXECUTIVE SUMMARY The purpose of this item is for City Council to consider motion to approve amendments to the Alpine Basam Area Plan Connections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 1 Packet Page 19 of 903 roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. This request is associated with a complex redevelopment plan for the Alpine Balsam site with consolidated government facilities and permanently as well as market rate affordable housing. The development review applications for the Alpine Balsam site (i.e., Form-Based Code and Site Review) were unanimously approved by Planning Board on Sept. 24. An associated Use Review application was denied based on the proposed removal of commercial space along Broadway. The development applications included a request for the connections plan amendments council is asked to consider herein and the development approvals were conditioned on approval of the connections plan amendments. The proposed amendments require approval from both the Planning Board and City Council. Planning Board approved the requested amendments to the Alpine Balsam connections plan on September 24. Approval of the requested amendments by City Council, would enable the Alpine Balsam redevelopment project to move forward as shown on the approved Form-Based Code Review and Site Review Applications. Note that to enable the Alpine Balsam redevelopment project to move forward as shown on the approved plans, Council is also asked to consider adoption of Ordinance 8668. Planning Board recommended approval of this ordinance on September 24. Council read said ordinance for first reading on October 17 and will be considering it for adoption at second reading on November 21 (included as a separate agenda item (Agenda Item 5B) on the Nov. 21 City Council agenda. STAFF RECOMMENDATION Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to approve amendments to the Alpine Basam Area Plan Connections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS •Economic – The amendment enables an important project to move forward for local governance and affordable housing opportunities in close proximity to an active transit corridor. The addition of housing and government employees to the site will enhance the economic vitality of businesses north of downtown. Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 2 Packet Page 20 of 903 •Environmental - The project enabled by these amendments includes important flood channel improvements along Balsam. The project is also a significant mixed-use, infill project consistent with the following BVCP policies: Policy 2.24 Commitment to a Walkable & Accessible City, Policy 2.33 Sensitive Infill & Redevelopment, Policy 2.37 Environmentally Sensitive Urban Design, and Policy 2.41 Enhanced Design for All Projects. •Social – The amendments are associated with a larger project that will provide significant community benefit in the form of a new local government facility with consolidated work functions outside of the high hazard flood zone. It also enables the construction of permanently affordable units and flood channel improvements on the subject site. OTHER IMPACTS •Fiscal – The amendments are being processed using existing resources. •Staff time - The amendments are being processed using existing staff resources. RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None. BOARD AND COMMISSION FEEDBACK Planning Board – Planning Board reviewed the Alpine Balsam redevelopment applications (i.e., Form- Based Code Site Review and Use Review) and associated area plan amendment requests and ordinance on Sept. 24, 2024. The board unanimously approved the Form-Based Code and Site Review applications but denied a Use Review application to replace existing commercial space along Broadway with parking. The board found that the proposed new use along Broadway did not meet the review criterion that the use would not adversely affect the intended function and character of the area as a neighborhood serving business area where retail-type stores predominate on the ground floor. Planning Board recommended approval of Ordinance 8668 with a motion to increase the required trip reduction to 30% (see memo for Agenda Item 5B for additional details). At the September 24 meeting, Planning Board also voted 7-0 to approve amendments to the Alpine Basam Area Plan Connections Plan with the following motion: o On a motion by L. Kaplan, seconded by M. Roberts, the board voted 7:0 to approve amendments to the Alpine Basam Area Plan Connections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. The proposed amendments to the Connections Plan require approval from both Planning Board and City Council. Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 3 Packet Page 21 of 903 PUBLIC FEEDBACK Each of the development applications required public notice, which was provided in the form of written notifications to property owners within 600 feet of the subject property. In addition, a public notice sign was posted on the property and therefore, all public notice requirements of section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, for these types of development applications were met. Staff has received questions via phone from nearby community members regarding the development applications for the Alpine Balsam area, two of whom expressed concerns about traffic and parking and several others with questions about proposed street connections. Staff has also received several phone calls and emails from residents expressing support for the proposed redevelopment. All written public comments received by staff may be reviewed in the Sept. 24 Planning Board memo at this link. BACKGROUND The requested Amendments to the Alpine Balsam Area Plan Connections Plan are associated with a complex redevelopment plan for the Alpine Balsam site. For the background, process, details on the proposal, which includes new government facilities and residential uses, and staff analysis of the application compliance with code criteria, review the detailed Planning Board memorandum from Sept. 24 at this link. At the hearing, the board unanimously approved the Form-Based Code and Site Review applications but denied a Use Review review application to replace existing commercial space along Broadway with parking. The board found that the proposed new use along Broadway did not meet the review criterion that the use would not adversely affect the intended function and character of the area as a neighborhood serving business area where retail-type stores predominate on the ground floor. Planning Board also recommended approval of the ordinance with one change as noted in the ‘Board and Commission Feedback’ section. This change has been incorporated into the ordinance. On Oct. 17, City Council considered Ordinance 8668 on first reading as well considering all of the Alpine Balsam development review applications for call up. City Council passed the ordinance on first reading and did not call up the development review applications. ANALYSIS The applicant for the redevelopment of the 1100 Balsam site pursuant to site infrastructure application LUR2023-00034 requested two amendments to the Alpine Balsam Area Plan (and associated regulating plan under the FBC) . The application has been approved but is conditioned on approval of the requested Alpine Balsam Area Plan Connections Plan amendments. Any amendment to the Area Balsam Connections Plan is permitted upon a finding that one of the following criteria has been met: 1. Such amendment is due to a physical hardship or practical hardship that would prevent construction of the connection; Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 4 Packet Page 22 of 903 2. The connection is made in a manner that is equivalent to the connection shown on the Connections Plan; or 3. Such amendment is consistent with the objectives of the Connections Plan described therein. Objectives of the Connections Plan are to improve walkability, safety and connections with well-connected and pedestrian-oriented streets and walkways that will: o Improve neighborhood connections between North Boulder Park, retail, services, public spaces, bus stops and other destinations with improved bicycle and pedestrian pathways; o Develop safe streets and crossings, especially along Broadway, for all people regardless of ability, and all modes of safe travel; and o Integrate vehicular access carefully to minimize conflicts with pedestrians and bicycles. Mobility Hub Location. The first proposed amendment is to relocate a planned mobility hub from the west side of the 9th/Alpine connector street to the east side of the street. This request came about as a result of right-of-way constraints that were not anticipated at the time of the Plan’s adoption and is intended to allow for the relocation of the Mobility Hub to better accommodate the 9th/ Alpine connector street at the Southwest corner of the site, pedestrian access and travel pathways, and overall connectivity of small-scale transit components. Per the Connections Plan and FBC Regulating Plan (Figure M-1-2 in Title 9), the Mobility Hub component is intended to be sited west of the 9th/ Alpine Connector Street at the Southwest corner of the site, adjacent to the existing property that is not part of the redevelopment proposal that was recently approved for the 1100 Balsam property (See Figure 1 below for FBC regulating plan and Figure 2 for Alpine Balsam Connections Plan) Figure 1: Mobility Hub Location per FBC Regulating Plan Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 5 Packet Page 23 of 903 In order to comply with DCS standards and provide flex spaces for the 9th/ Alpine Connector Street, the turning radius and connection to Alpine Avenue drastically reduces the available land within the bounds of the property line between the Connector Street and the adjacent existing property. To provide ample space for programming components of the Mobility Hub and create better connectivity with the 1100 Balsam redevelopment site, the Mobility Hub is proposed to be located to the east of the 9th/ Alpine Connector Street, at the intersection of the paseo, Connector Street, and Building B (providing affordable housing). All design requirements for the Mobility Hub will still be met. Part of the objectives of the Area Plan is to safely and adequately accomodate alternate modes of transportation (inclusive of potential programming elements such as bike storage, B-Cycle, Scooter Corrals, Bike Repair Stations, etc.). The proposed new location of the mobility hub would allow for these elements to be provided in accordance with that objective, in the same general site area. The proposed location of the Mobility Hub is well connected to the 1100 Balsam site where new development will occur, with ease of access to the multi-use path running North/South as well as the paseo and the 9th/Alpine Connector Street. The proposed amendment will not create any adverse impacts on the residents, but rather will provide better connectivity to the mobility hub transit components to the rest of the site without the separation of the Connector Street, and Figure 2: Mobility Hub as Shown on Alpine Balsam Area Plan Connections Map Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 6 Packet Page 24 of 903 allows for a buffer between the transit programming and the existing adjacent property. The objectives of the connections plan and regulating plan is being met with the general site location, programming elements, and adjacency to both public and private users. See Figure 3 for proposed Mobility Hub location. 11th Street as Private Drive and Type B Frontage. The second proposed amendment to the Connections Plan of the Alpine Balsam Area Plan is to allow for 11th Street to be changed from a new local street in a right-of-way to a private access drive (See Figure 4 below for rendering and site plan). This request is the result of discussions between the applicant and city transportation and engineering staff during which it was determined that a private drive would allow for a more aesthetic, pedestrian-friendly design than would be permitted for a local street under the city’s Design and Construction Standards (DCS). Specifically, making the connection a private access drive would allow for enhanced curbside demand management applications, including Flexible Loading Zones and designated Transportation Network Company (Uber and Lyft) pick-up and drop-off locations, the use of permeable pavers, and narrow, raised crossings at both the enhanced paseo and greenway for increased pedestrian visibility and safety, and enhanced access to mobility hub services including micromobility. The proposed amendment proposes that the private drive be designated as a Type B frontage. This would maintain the existing frontage designation in the Regulating Plan and would ensure that buildings on either side of the access drive would still meet applicable building siting and design requirements. The private drive is proposed to become a subdivision outlot to be owned and maintained by the City, which will ensure that public access is maintained in perpetuity. Figure 3 shows a plan view and photographic rendering of the proposed access drive. The objectives of the connections plan and regulating plan are being met as the private access drive would allow for development of a connection in the same location that allows for development of safe crossings and save and minimization of conflicts between motor vehicles and pedestrians and bicycles. Figure 3: Proposed Mobility Hub Location per LUR2023- 00034 Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 7 Packet Page 25 of 903 CONCLUSION Staff recommends that council approve the motion to approve amendments to the Alpine Balsam Area Plan Connections Plan to modify the location of the residential mobility hub at 10th Street and Alpine Avenue to the east side of the new 10th Street roadway and to modify the 11th Street connection between Balsam Avenue and Alpine Avenue to an access drive. Approving the motion as proposed would enable the Alpine Balsam redevelopment project to move forward as shown on the approved Form-Based Code Review and Site Review Applications. Figure 4: Proposed Access Drive Item 3D - Consideration of a motion to approve amendments to the Alpine Balsam Area Connections Plan Amendment Page 8 Packet Page 26 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Introduction, first reading and consideration of a motion to order published by title only Ordinance 8658, amending Section 2-3-7, “Landmarks Board,” and Chapter 9-11 “Historic Preservation,” B.R.C. 1981, to remove the appointment of a Planning Board member to the Landmarks Board and revise the review process timeframes and approval expiration dates; and setting forth related details P RI MARY STAF F C ON TAC T Karl Guiler, Policy Advisor Senior RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to order published by title only Ordinance 8658, amending Section 2-3-7, “Landmarks Board,” and C hapter 9-11 “Historic Preservation,” B.R.C . 1981, to remove the appointment of a Planning Board member to the Landmarks Board and revise the review process timeframes and approval expiration dates; and setting forth related details AT TAC H ME N T S: Description I tem 3E - 1st Rdg Ord 8658 Historic P reserv ation Clean Up Packet Page 27 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Introduction, first reading and consideration of a motion to order published by title only Ordinance 8658, amending Section 2-3-7, “Landmarks Board,” and Chapter 9-11 “Historic Preservation,” B.R.C. 1981, to remove the appointment of a Planning Board member to the Landmarks Board and revise the review process timeframes and approval expiration dates; and setting forth related details. REQUESTING DEPARTMENT / PRESENTERS Nuria Rivera-Vandermyde, City Manager Brad Mueller, Director of Planning & Development Services Charles Ferro, Senior Planning Manager Karl Guiler, Senior Policy Advisor Marcy Gerwing, Principal Planner Geoff Solomonson, City Planner EXECUTIVE SUMMARY The purpose of this item is to consider changes to streamline historic preservation review processes and to remove the appointment of a Planning Board member as a non-voting, advisory role to the Landmarks Board. This project was requested by the Landmarks Board at their October 2023 retreat and is consistent with the Planning & Development Services department’s goal of Operational Excellence. The proposed code amendments would: 1. Extend the initial review period from 14 to 21 days for Landmark Alteration Certificate (LAC) and Non-Designated Demolition applications. Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 1 Packet Page 28 of 903 2. Extend the approval period (expiration date) from 180 days to one year for LAC and Non-Designated Demolition applications. 3. Remove the appointment of an ex-officio Planning Board member to the Landmarks Board. The changes listed above are intended to streamline the historic preservation review process for property owners, applicants, staff and board members; reduce the volunteer time commitment for Landmarks Board and Planning Board members; and reinforce the value of the Landmarks Design Review Committee (LDRC) meeting. An informational memo item was brought to the Oct. 8, 2024 Planning Board meeting with board members in support of the proposed changes. The Landmarks Board was supportive of the proposed code changes at the Sept. 9, 2024 meeting. Public comments from the Oct. 9, 2024 public hearing were also in support of the proposed changes. A draft annotated version of the ordinance with footnotes describing the purpose of each change is in Attachment B and Ordinance 8658, without footnotes and in official ordinance format, can be found in Attachment A. STAFF RECOMMENDATION Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8658 amending Section 2-3-7, “Landmarks Board,” and Chapter 9-11 “Historic Preservation,” B.R.C. 1981, to remove the appointment of a Planning Board member to the Landmarks Board and revise the review process timeframes and approval expiration dates; and setting forth related details. BOARD AND COMMISSION FEEDBACK Landmarks Board – On Sept. 9, 2024, Landmarks Board held a public hearing and recommended amending the code for review process timeframes and approval expiration dates, to City Council with the following motion: C. Castellano made a motion seconded by R. Pelusio to recommend to City Council code amendments to extend the initial review period for LACs and Non- Designated Demolition applications from 14 to 21 days. The Landmarks Board voted 5-0. C. Castellano made a motion seconded by R. Pelusio to recommend to City Council code amendments to extend the expiration period for LACs and Non- Designated Demolition applications from 180 days to 1 year for Landmark Alteration Certificates and Non-Designated Demolition review applications. The Landmarks Board voted 5-0. Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 2 Packet Page 29 of 903 On Oct. 9, 2024, an informational item was brought to the Landmarks Board regarding the removal of the requirement to appoint a Planning Board ex-officio member to the Landmarks Board. Board members were supportive of the change, and expressed an interest in other ways to collaborate between boards. October 9, 2024 Landmarks Board Informational Item memo and meeting minutes. Planning Board – An informational memo item was brought to the Oct. 8, 2024 Planning Board meeting with members supportive of the proposal to remove the requirement of the appointment of the Planning Board member to the Landmarks Board. Members of the Planning Board were fully supportive of the removal of the appointment finding that planning related issues were rare to weigh in on and was not applicable in many cases as items were not a code section the Planning Board administered. Members felt there are still opportunities for Planning Board members to attend Landmarks Board meetings if needed. An idea was presented to rotate first year board members through board at a quicker pace as a learning opportunity. Another suggestion was having a Planning Board member attend Transportation Advisory Board (TAB) meetings as an alternative to Landmarks Board. October 8, 2024 Planning Board Informational Item memo and meeting minutes. COMMUNITY ENGAGEMENT Associated with the proposed code changes, staff brought forward revisions to the Administrative Rules expanding the types of cases that may be reviewed administratively rather than automatically being sent to the LDRC. The Landmarks Board held a public hearing on the proposed process on Sept. 4, 2024, followed by a public notice published in the Daily Camera on Sept. 11, 2024 inviting comments during the 15-day public comment period. The Landmarks Board held a second public hearing on Oct. 9, 2024 to review the feedback. An online questionnaire was posted on the P&DS Code Change website from Sept. 1-30, 2024. Additionally, staff notified LDRC applicants from the last 6 months (approximately 80 recipients) of the proposed changes and included information in the P&DS Newsletter (approximately 5,000 recipients). The questionnaire asked respondents whether they agreed or disagreed with each of the proposed changes and provided an open comment box for additional comments. In total, 38 responses were received, with the majority (61%) agreeing with the proposed changes. No comments were received suggesting specific modifications to the Administrative Rule, and many respondents made broad statements about historic preservation and permit review in Boulder. The questionnaire results and comments have been attached to this memo as Attachment C. BACKGROUND Over the last few years, Planning and Development Services (P&DS) staff have undertaken considerable effort to reimagine the department’s business model. The Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 3 Packet Page 30 of 903 department strives for Operational Excellence, a focus on tightly integrated processes that are consistent, efficient and predictable. In the historic preservation program, this has included simplifying application forms, standardizing the weekly Landmark Design Review Committee (LDRC) presentations, streamlining Landmarks Board memos, and providing services online while also integrating in-person and telephone assistance. In addition, recent analysis of the city’s boards and commissions highlighted increased workload issues for the appointed groups that could be reduced by making more decisions administratively as stated in the Nov. 9, 2023 Boards and Commissions Assessment Initial Recommendations memo. The LDRC is comprised of two Landmarks Board members and one staff member responsible for reviewing the majority of Landmark Alteration Certificate (LAC) and Historic Preservation Demolition applications for non-designated buildings constructed prior to 1940. The committee meets weekly on Wednesday mornings and can either approve an application as proposed, request revisions, or refer an application to the Landmarks Board for review. The LDRC is an administrative process within the regular program operation of the historic preservation program. Staff are responsible for managing the agendas, applications and facilitating the meetings. The Landmarks Board has the authority to adopt administrative rules to determine what can be reviewed by staff and what requires review by LDRC. City Council has the authority to amend the Boulder Revised Code after a review and recommendation from the Landmarks Board. Process Changes In May 2023, a Landmarks Board member emailed the board a request to consider changes to the LDRC. At their Oct. 20, 2023 retreat, the Landmarks Board brainstormed changes to the LDRC, with a consensus to consider changes that would reduce the volunteer time commitment, including holding meetings every other week, extending the length of approvals, increasing types of projects that can be reviewed by staff, extending the initial review period, allowing staff referrals directly to the Landmarks Board, and scheduling LDRC meetings outside of the 8 AM-5PM workday. Staff communicated that implementing the changes would not occur until the completion of the Civic Area Historic District Process, which concluded in May 2024. At the June 7, 2024 Landmarks Board retreat, staff presented information on the process and timeline for the proposed changes, and committed to bringing forward an Administrative Rule to expand the types of projects eligible for staff review and a code amendment to extend the initial review timeframe and extend approval periods (expiration date) for LAC and Non-Designated Demolition applications. At the Aug. 7, 2024 Landmarks Board meeting, the board discussed the scope and timeline of the proposed changes. At the Sept. 9, 2024 Landmarks Board meeting, the Administrative Rule was adopted and the code amendment was recommended to City Council. A 15-day public comment period was initiated and a public hearing was held at the October 2, 2024 Landmarks Board meeting. Planning Board Ex-Officio Position Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 4 Packet Page 31 of 903 Since the Landmarks Board’s establishment in 1975, the Planning Board has appointed a member to serve as an ex-officio member to the Landmarks Board. The ex-officio position was originally intended to help the Landmarks Board navigate quasi-judicial processes as a new board, and to integrate the work of the two boards. The removal of the appointment of an ex-officio member of the Planning Board to the Landmarks Board was proposed by staff to respect the amount of volunteer time the members of the Planning Board give to appointments outside of the Planning Board especially in a non-voting, advisory role. SUMMARY OF PROPOSED CHANGES IN ORDINANCE 8658 The ordinance can be found in Attachment A. An annotated version of the ordinance with footnotes provided to describe the purpose of each change is included in Attachment B. The updates consist of: 1. Extending the initial review period from 14 to 21 days for Landmark Alteration Certificate (LAC) and Non-Designated Demolition applications. 2. Extending the approval period (expiration date) from 180 days to one year for LAC and Non-Designated Demolition applications. 3. Removing the appointment of an ex-officio Planning Board member to the Landmarks Board. ANALYSIS Staff has identified the following key issues for the City Council’s consideration: 1. Does the City Council find that the proposed ordinance implements the adopted policies of the Boulder Valley Comprehensive Plan? 2. Does the City Council suggest any modifications to the proposed ordinance? Staff finds that the proposed ordinance implements the adopted policies of the Boulder Valley Comprehensive Plan. The following analysis is provided to demonstrate how the project objective is met through the proposed ordinance. Attachment B includes the ordinance and includes detailed footnotes that describe the rationale of each proposed change. What is the reason for the ordinance and what public purpose will be served? Currently, the initial review of all LAC and Non-Designated Demolition applications (staff and LDRC) must be completed within 14 days of a complete application. The change to extend the initial review period from 14 to 21 days would affect all LAC and demolition applications by increasing the potential review time from two to three weeks. This extension would give staff greater flexibility to schedule LDRC meetings. With applications required to be reviewed within two weeks, sometimes LDRC meetings must be held for a single application, resulting in a relatively large amount of time to schedule, prepare for, facilitate and attend the meeting for a single case. Due to constraints of this timeframe, there may be only one scheduled LDRC within the timeframe, so LDRC Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 5 Packet Page 32 of 903 meetings must be scheduled during weeks that board members, staff or applicants are unavailable, or on days of a Landmarks Board meeting. The current approval period (expiration date) for a LAC and Non-Designated Demolition is 180 days. By extending the approval period to one year, fewer “repeat” cases will be processed. During the last 18 months, 11% of applicants for Non-Designated Demolition review needed to reapply as the approval had expired. Most of the repeat applications were within a 1-year timeframe. In the same time period, 3% of the applicants requested an extension for a Landmark Alteration Certificate within 6 months of the initial approval. Currently, Non-Designated Demolition Applications must start the process from the beginning if an approval expires. Staff and Landmarks Board members try to maintain consistency in approving “repeat” cases, providing there are no changes to the property. However, an extended approval period would increase predictability for applicants and community members. With the additional flexibility afforded by extending the approval period from 180 days to one year, staff is also proposing removal of the prior extension language for Landmark Alteration Certificates that allows for individual requests to extend for up to 180 days per extension. This is deemed no longer necessary as the additional time provides one year for all applications. Since the Landmarks Board’s establishment in 1975, the Planning Board has appointed a member to serve as an ex-officio member to the Landmarks Board. The ex-officio position was originally intended to help the Landmarks Board navigate quasi-judicial processes as a new board, and to integrate the work of the two boards. However, over the past 50 years, the Landmarks Board and historic preservation program have matured, making the ex-officio role less necessary. Additionally, the integration of processes between the Landmarks Board and Planning Board has improved, with the Boulder Valley Comprehensive Plan establishing a clear policy for the review of development review projects involving historic resources (see BVCP Policy 2.29: Historic & Cultural Preservation Plan below). Planning Board also appoints members to the Housing Advisory Board and the Water Resources Advisory Board. In 2024, it is estimated that the Planning Board liaison volunteers an additional 58 hours a year to prepare for (12 hours) and attend Landmarks Board meetings (36 hours), site visits (2 hours) and Landmarks Board retreats (8 hours). Removing the ex-officio position from the Landmarks Board would represent a significant reduction in the volunteer time commitment for the Planning Board. If the Planning Board ex-officio position is removed from the Landmarks Board, there would not be a direct Planning Board representative on the Landmarks Board. However, integration will continue to occur through the Site Review process and additional collaboration could occur through other venues, including joint meetings or tours as deemed necessary. How is the ordinance consistent with the purpose of the zoning districts or code chapters being amended? Staff finds that the changes continue to be consistent with the purpose and intent of Chapter 9-11-1, “Historic Preservation,” B.R.C. 1981. Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 6 Packet Page 33 of 903 The changes will streamline the historic preservation review process for property owners, applicants, staff and board members; reduce the volunteer time commitment for Landmarks Board members and Planning Board members; and reinforce the value of the Landmarks Design Review Committee (LDRC) meeting. Are there consequences in not passing this ordinance? If this ordinance is not passed, LDRC meetings would continue to be scheduled with possibilities of staff, board members, and applicants unavailable or with singular cases on the agendas. The extended approval periods would likely continue. An appointed Planning Board member would continue to serve as a non-voting, advisory member of the Landmarks Board. What adverse effects may result with the adoption of this ordinance? In some cases, the initial review of historic preservation application could take three weeks instead of two weeks. However, staff anticipates that the majority of applications will still be reviewed within two weeks, with the additional time providing flexibility to schedule more efficient LDRC meetings, rather than an overall increase to the length of the historic preservation process. Removal of the Planning Board ex-officio role from the Planning Board will result in the removal of a direct and routine tie between the two boards. However, integration of boards’ work will continue to occur through the development review process, and the board can collaborate in other ways, including joint board meetings or site visits. No adverse effects are anticipated for the extension of the approval period (expiration date) from six months to one year. What factors are influencing the timing of the proposed ordinance? Why? These changes came as the result of an October 2023 Landmarks Board retreat to brainstorm ideas to streamline the process for applicants and a staff presentation of information and proposed changes at the June 2024 Landmarks Board retreat. The goal with a prompt implementation is for efficient meetings and to utilize a greater availability of staff, board members, and applicants. How does the ordinance compare to practices in other cities? The initial review time and one year expiration is reasonable comparative to other jurisdictions. These are improvements to streamline, create clarity and predictability, and promote a user-friendly process. How will this ordinance implement the comprehensive plan? The ordinance will implement the following applicable policy from the Boulder Valley Comprehensive Plan. Community Conservation & Preservation Policy 2.29: Historic & Cultural Preservation Plan Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 7 Packet Page 34 of 903 The city and county will develop and regularly update a Boulder Valley-wide preservation plan to integrate historic preservation issues into the comprehensive plan; ensure coordination between preservation goals and zoning, land use, growth management, transportation and housing goals; and ensure consistency among governmental policies that affect the community’s historic, archeological and cultural resources. Preservation plans will be developed with public and landowner participation. The city will continue to implement and update the Plan for Boulder’s Historic Preservation Program. The ordinance will implement the following applicable policy from the Historic Preservation Plan. 3.5 Explore Ways to Make Design Review More Consistent and Predictable Effective, consistent, and transparent design review processes, enforcement policies, and historic preservation practices are necessary to make the city’s program predictable and user friendly. In addition staff finds that the proposed changes are consistent with the "Responsibly Governed" goal of the Sustainability, Equity and Resilience (SER) Framework, specifically "A local government that provides an excellent customer experience, responsibly manages the city’s assets, and makes data-driven decisions informed by community engagement inclusive of those who have been historically excluded from government programs and services. The city organization exemplifies an employer of choice with policies and programs to support employee inclusion and well-being." ATTACHMENTS Attachment A: Ordinance 8658 Attachment B: Annotated Ordinance Attachment C: Questionnaire Results and Comments Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 8 Packet Page 35 of 903 K:\PLLB\o-8658 1st Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8658 AN ORDINANCE AMENDING SECTION 2-3-7, “LANDMARKS BOARD,” AND CHAPTER 9-11, “HISTORIC PRESERVATION,” B.R.C. 1981, TO REMOVE THE APPOINTMENT OF A PLANNING BOARD MEMBER TO THE LANDMARKS BOARD AND REVISE THE REVIEW PROCESS TIMELINES AND EXPIRATION DATES; AND SETTING FORTH RELATED DETAILS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 2-3-7, “Landmarks Board,” B.R.C. 1981, is amended to read: (a)The City of Boulder landmarks board consists of five members appointed by the city council for five-year terms, two of whom are architectural or urban planning professionals and three of whom may be chosen without limitation. The planning board shall appoint one of its members to attend the landmarks board meeting without a vote and advise the landmarks board. . . . Section 2. Section 9-11-14, “Staff Review of Application for Landmark Alteration Certificate,” B.R.C. 1981, is amended to read: (a)The city manager and two designated members of the landmarks board shall review all applications for landmark alteration certificates for alterations to buildings or designated features and determine within fourteen twenty-one days after a complete application is filed whether or not the proposed work would have a significant impact upon or be potentially detrimental to a landmark site or historic district. . . . Section 3. Section 9-11-17, “Issuance of Landmark Alteration Certificate,” B.R.C. 1981, is amended to read: Attachment A - Ordinance 8658 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 9 Packet Page 36 of 903 K:\PLLB\o-8658 1st Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . (b) Expiration, Initial Approval and Extensions for Alteration Certificates: A landmarks alteration certificate shall remain valid, in accordance with the following: (1) Expiration Period: An approved alteration certificate will be valid for purposes of applying for a building permit for a period not to exceed one hundred eighty days from the date of issuance of the alteration certificate. An alteration certificate shall expire if a deconstruction or building permit has not been applied for within one hundred eighty days one year from the date such alteration certificate is approved. If an alteration certificate expires, a new alteration certificate shall be first obtained before an applicant may apply for a building permit. (2) Initial Approval Period: The approving authority under Sections 9-11-14, “Staff Review of Application for Landmark Alteration Certificate,” 9-11-15, “Landmark Alteration Certificate Hearing,” andor 9-11-16, “Call-Up by City Council,” B.R.C. 1981, may extend the initial approval period for a length of time greater than one hundred eighty daysone year upon a showing of good cause as to why additional time is necessary to apply for building permits. (3) Extensions: Any person holding an unexpired alteration certificate may apply for an extension of the time within which to apply for a building permit under that alteration certificate when such person is unable to commence work within the time required by this section. The city manager may extend the time for action by the applicant for a period not exceeding one hundred eighty days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No alteration certificate shall be extended more than once. . . . Section 4. Section 9-11-23, “Review of Permits for Demolition, On-Site Relocation and Off-Site Relocation of Buildings Not Designated,” B.R.C. 1981, is amended to read: . . . (d) Initial Review: The initial review shall occur within fourteen twenty-one days after the city manager accepts a completed permit application to determine whether there is a probable cause to believe that the building may be eligible for designation as an individual landmark consistent with the purposes and standards in sections 9-11-1, “Legislative Intent,” and 9-11-12, “City Council May Designate or Amend Landmarks and Historic Districts,” B.R.C. 1981. . . . (j) Expiration: Any approval pursuant to this section shall expire one hundred eighty days after such approval is made if the applicant has failed to procure the permit, or if the work authorized by such permit has not commenced.An approval under this section shall Attachment A - Ordinance 8658 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 10 Packet Page 37 of 903 K:\PLLB\o-8658 1st Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expire if a deconstruction or building permit has not been applied for within one year from the date such demolition is approved. (j)(k) A decision or failure to take action by the city manager and two members of the landmarks board pursuant to subsection (d) of this section, or by the landmarks board pursuant to subsection (g) of this section, shall be considered an approval. Section 5. This Ordinance shall apply to any application applied for or certificate approved under Title 9, Chapter 11, “Historic Preservation,” B.R.C. 1981, on or after the effective date of this Ordinance. Any project for which a complete application submitted to the city has been submitted to the city or which has received an approval prior to the effective date of this Ordinance shall be subject to the standards in effect at the time such application was submitted to the city. Section 6. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 7. The City Council deems it appropriate that this Ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November 2024. _________________________________ Aaron Brockett, Mayor Attest: ________________________________ City Clerk Attachment A - Ordinance 8658 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 11 Packet Page 38 of 903 K:\PLLB\o-8658 1st Rdg-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND READING, PASSED AND ADOPTED, this 19th day of December 2024. _________________________________ Aaron Brockett, Mayor Attest: ________________________________ City Clerk Attachment A - Ordinance 8658 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 12 Packet Page 39 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8658 AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, “BOARDS AND COMMISSIONS,” AND TITLE 9, CHAPTER 11, “HISTORIC PRESERVATION,” B.R.C. 1981, TO REMOVE THE APPOINTMENT OF A PLANNING BOARD MEMBER TO THE LANDMARKS BOARD AND TO REVISE REVIEW PROCESS TIMELINES AND EXPIRATION DATES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 2-3-7, “Landmarks Board”, B.R.C. 1981, is amended to read: (a)The City of Boulder landmarks board consists of five members appointed by the city council for five-year terms, two of whom are architectural or urban planning professionals and three of whom may be chosen without limitation. The planning board shall appoint one of its members to attend the landmarks board meeting without a vote and advise the landmarks board. … Section 2. Section 9-11-14, “Staff Review of Application for Landmark Alteration Certificate”, B.R.C. 1981, is amended to read: (b)The city manager and two designated members of the landmarks board shall review all applications for landmark alteration certificates for alterations to buildings or designated features and determine within fourteen twenty-one days after a complete application is filed whether or not the proposed work would have a significant impact upon or be potentially detrimental to a landmark site or historic district. … Section 3. Section 9-11-17, “Issuance of Landmark Alteration Certificate”, B.R.C. 1981, is amended to read: Attachment B - Annotated Ordinance Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 13 Packet Page 40 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … (b) Expiration, Initial Approval and Extensions for Alteration Certificates: A landmarks alteration certificate shall remain valid, in accordance with the following: (1) Expiration Period: An approved alteration certificate will be valid for purposes of applying for a building permit for a period not to exceed one hundred eighty days from the date of issuance of the alteration certificate. An alteration certificate shall expire if a deconstruction building permit has not been applied for within one hundred eighty daysone year from the date such alteration certificate is approved. If an alteration certificate expires, a new alteration certificate shall be first obtained before an applicant may apply for a building permit. (2) Initial Approval Period: The approving authority under Sections 9-11-14, “Staff Review of Application for Landmark Alteration Certificate,” 9-11-15, “Landmark Alteration Certificate Hearing,” andor 9-11-16, “Call-Up by City Council,” B.R.C. 1981, may extend the initial approval period for a length of time greater than one hundred eighty daysone year upon a showing of good cause as to why additional time is necessary to apply for building permits. (3) Extensions: Any person holding an unexpired alteration certificate may apply for an extension of the time whin which to apply for a building permit under that alteration certificate when such person is unable to commence work within the time required by this section. The city manager may extend the time for action by the applicant for a period not exceeding one hundred eighty days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No alteration certificate shall be extended more than once. … Section 4. Section 9-11-23, “Review of Permits for Demolition, On-Site Relocation and Off-Site Relocation of Buildings Not Designated”, B.R.C. 1981, is amended to read: 9-11-23. Review of Permits for Demolition, On-Site Relocation and Off-Site Relocation of Buildings Not Designated … (d) Initial Review: The initial review shall occur within fourteen twenty-one days after the city manager accepts a completed permit application to determine whether there is a probable cause to believe that the building may be eligible for designation as an individual landmark consistent with the purposes and standards in section 9-11-1, “Legislative Intent,” and 9-11-12, “City Council May Designate or Amend Landmarks and Historic Districts,” B.R.C. 1981: … Attachment B - Annotated Ordinance Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 14 Packet Page 41 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (j) Expiration: Any approval pursuant to this section shall expire one hundred eight days after such approval is made if the applicant has failed to procure the permit, or if the work authorized by such permit has not commenced. An approval under this section shall expire if a deconstruction or building permit has not been applied for within one year from the date such demolition is approved. (j)(k) A decision or failure to take action by the city manager and two members of the landmarks board pursuant to subsection (d) of this section, or by the landmarks board pursuant to subsection (g) of this section, shall be considered an approval. Section 5. This ordinance shall apply to any application applied for or certificate approved under Title 9, Chapter 11, “Historic Preservation,” B.R.C. 1981, on or after the effective date of this ordinance. Any project for which a complete application submitted to the city has been submitted to the city or which has received an approval prior to the effective date of this ordinance shall be subject to the standards in effect at the time such application was submitted to the city. Section 3. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 4. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment B - Annotated Ordinance Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 15 Packet Page 42 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November, 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk SECOND READING, PASSED, AND ADOPTED, this 19th day of December, 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment B - Annotated Ordinance Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 16 Packet Page 43 of 903 ATTACHMENT C: QUESTIONNAIRE RESPONSES RECEIVED SEPT. 1-30, 2024 Question No. 1: I support expanding the following types of historic preservation projects that may be reviewed by city staff: Structural repairs, sidewalk and/or driveways, re-grading, hardscaping and/or retaining walls, fences, patios, decks and/or railings, trim and/or siding, painting and/or paint colors, storm windows and/or doors, window rehabilitation, skylights, roofing, solar panels and/or solar battery storage, mechanical units, commercial awnings, signs, lighting, gutters, bike racks and/or e-bike stations, electric vehicle chargers, Historic Preservation Residential State Tax Credits Of the 36 responses received for the first question, 25 percent strongly agree, 36 percent agree, 28 percent disagree and 11 percent strongly disagree with the proposed change to expand the types of LAC projects that can be reviewed at the staff level. Question No. 2: I support extending the initial review period from 14 days to 21 days. ATTACHMENT C - QUESTIONNAIRE RESPONSES RECEIVED SEPT. 1-30, 2024 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 17 Packet Page 44 of 903 Of the 36 responses received for the second question, 11 percent strongly agree, 42 percent agree, 19 percent disagree and 28 percent strongly disagree with the proposed change to extend the initial review period from 14 to 21 days. Question No. 3: I support extending the approval period (expiration date) from 180 days to one year. Of the 36 responses received for the third question, 44 percent strongly agree, 42 percent agree, 6 percent disagree and 8 percent strongly disagree with the proposed change to extend the approval period (expiration date) from 180 days to one year. Question No. 4: Do you have any additional comments related to potential changes to the historic preservation review process? The full set of comments received is included in the table below. I support expanding the following types of historic preservation projects that may be reviewed by city staff: [reference list above] I support extending the initial review period from 14 days to 21 days. I support extending the approval period (expiration date) from 180 days to one year. Do you have any additional comments related to potential changes to the historic preservation review process? Agree Agree Agree As a counterbalance, demolition permit reviews could provide more time to accommodate community appeals, and processes for those appeals to be heard and ruled upon. ATTACHMENT C - QUESTIONNAIRE RESPONSES RECEIVED SEPT. 1-30, 2024 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 18 Packet Page 45 of 903 Strongly Agree Strongly Agree Strongly Agree How about the single dissenting vote that can move a project from LDRC to full Board. Maybe switch to a majority instead? Seems like a fair number of cases end up before the full Board that doesn't change the opinion of the majority at LDRC. Strongly Agree Strongly Agree I don't understand th impact of an initial review period extension so left that answer blank Agree Strongly Agree Agree I need to know more about this in order to give the best feedback Strongly Disagree Strongly Disagree Strongly Agree I would highly suggest enabling more decision making to happen at the LDRC level. The LAC process can be prohibitively costly, in time and monetary costs, dissuading homeowners from making improvements that would extend the lives of their historic homes, or new, motivated buyers to move to historic areas and invigorate the neighborhood. I think opening up the projects outlined above to be handled by city staff is a great first step! Strongly Disagree Strongly Disagree Strongly Agree I would highly suggest enabling more decision making to happen at the LDRC level. The LAC process can be prohibitively costly, in time and monetary costs, dissuading homeowners from making improvements that would extend the lives of their historic homes, or new, motivated buyers to move to historic areas and invigorate the neighborhood. I think opening up the projects outlined above to be handled by city staff is a great first step! Agree Strongly Disagree Strongly Agree I'm fine with letting staff review more things, provided (a) they are required by ordinance to do so in a timely manner (ideally 1 week, definitely no more than 2 weeks) and (b) the owner can appeal denials to the LDRC and/or the Landmarks Board. ATTACHMENT C - QUESTIONNAIRE RESPONSES RECEIVED SEPT. 1-30, 2024 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 19 Packet Page 46 of 903 Strongly Disagree Strongly Disagree Strongly Disagree It's already so difficult for people to get through the City review process and you guys are apparently too busy to help businesses and so the best ones leave and incur unnecessary costs and taxes. Fresh Thyme and Under the Sunb are two recent examples. Reviewing all of this stuff makes it more expensive. Get more employees who are efficient and helpful and stop wasting our tax money on this and a private library district, both of which are expensive and elitist. And trust me, most middle aged and younger people are not commenting. Very little of Boulder's architecture is actually nice and pretty soon staff will be saying a tract home in Martin Acres needs to be saved because it represents an instrumental and impactful period of history. Agree Disagree Strongly Agree I've always thought that it might be more helpful when it comes to the Historic Demo Permit for a house over 50 years old but has no historic significance at all, that maybe Landmarks should actually go throughout the City and make a permanent list of houses/address that would require this historic demo permit. Instead of having this usually be a pointless requirement for majority of the homes in Boulder. Strongly Agree Please make it more user friendly and allow for energy conservation and renewable energy to be used. Disagree Disagree Disagree There should be fewer restrictions and a more streamlined process, not more restrictions and a slower process. Strongly Disagree Strongly Disagree Strongly Agree Strongly Disagree Strongly Disagree Strongly Agree Strongly Agree Strongly Agree Agree Agree Agree Strongly Disagree Disagree Strongly Disagree Strongly Disagree Strongly Disagree Strongly Agree Agree Agree Disagree Disagree Strongly Disagree Strongly Disagree Strongly Disagree ATTACHMENT C - QUESTIONNAIRE RESPONSES RECEIVED SEPT. 1-30, 2024 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 20 Packet Page 47 of 903 Disagree Disagree Disagree Strongly Disagree Strongly Disagree Strongly Agree Agree Agree Agree Strongly Disagree Strongly Disagree Strongly Agree Strongly Agree Disagree Agree Strongly Agree Strongly Agree Agree Agree Agree Agree Agree Agree Agree Agree Agree Strongly Agree Strongly Agree Agree Strongly Agree Strongly Disagree Agree Strongly Agree Strongly Agree Agree Agree Agree Agree Agree Agree Agree Agree Strongly Disagree Strongly Agree Disagree Strongly Agree Agree Disagree Agree Agree Agree Agree Strongly Agree Agree Strongly Agree Disagree Agree Agree ATTACHMENT C - QUESTIONNAIRE RESPONSES RECEIVED SEPT. 1-30, 2024 Item 3E - 1st Rdg Ord 8658 Historic Preservation Clean Up Page 21 Packet Page 48 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8669, amending Title 9, “Land Use Code,” B.R.C . 1981, by adopting form-based code standards for parts of East Boulder, moving the form-based code from Appendix M to C hapter 9-14, “Form-Based Code,” B.R.C . 1981, revising rezoning and trip reduction standards for East Boulder; and setting forth related details P RI MARY STAF F C ON TAC T Kathleen King, Principal Planner AT TAC H ME N T S: Description I tem 3F - 1st Rdg Ord 8669 E ast Boulder Subcommunity P lan Amendment and F orm-B ased Code Updates I tem 3F - Addendum Memo Packet Page 49 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8669, amending Title 9, “Land Use Code,” B.R.C. 1981, by adopting form-based code standards for parts of East Boulder, moving the form-based code from Appendix M to Chapter 9-14, “Form-Based Code,” B.R.C. 1981, revising rezoning and trip reduction standards for East Boulder; and setting forth related details. PRESENTER(S) Nuria Rivera-Vandermyde, City Manager Mark Woulf, Assistant City Manager Brad Mueller, Director, Planning & Development Services (P&DS) Kristofer Johnson, Comprehensive Planning Senior Manager, P&DS Charles Ferro, Development Review Senior Manager, P&DS Sarah Horn, City Senior Planner, P&DS Kalani Pahoa, Principal Urban Designer, P&DS Kathleen King, City Principal Planner, P&DS EXECUTIVE SUMMARY The East Boulder Subcommunity Plan (EBSP) was adopted by Planning Board and City Council in 2022. City staff have been working with boards, council and community members to implement a project identified in the plan (Project D9), the East Boulder Zoning Update. The project launched in May 2023 and included a community engagement process to inform general updates to the city’s Form-Based Code (FBC) and new regulations to specifically apply to East Boulder. Community feedback described an interest in streamlining the FBC review process in general, revising some requirements in Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 1 Packet Page 50 of 903 the current FBC to reflect the latest material technology and construction best practices, and ensuring any new codes for East Boulder are aligned with the vision for maintaining some of the area’s industrial and funky aesthetic. The project team has continued to work with property owners and technical specialists in the community to revise and refine the code updates and deliver feasible outcomes that meet the vision of the subcommunity plan. The code updates included in Ordinance 8669 will amend Title 9, “Land Use Code,” B.R.C. 1981, by adopting form-based code standards for parts of East Boulder, moving the form-based code from Appendix M to Chapter 9-14, “Form-Based Code,” B.R.C. 1981, revising rezoning and trip reduction standards for East Boulder; and setting forth related details. Sites with prior discretionary approvals, such as a Planned Unit Development (PUD) or Site Review, may amend or redevelop under existing zoning rules and the Site Review Amendment process. Alternatively, they maintain the option to rescind their prior approval and redevelop under the FBC. At the second reading of the ordinance and public hearing scheduled for December 5, 2024 Council will also consider amendments to the East Boulder Subcommunity Plan to align the EBSP Connections Plan with a refined vision for East Boulder areas of change. STAFF RECOMMENDATION BOARD AND COMMISSION FEEDBACK Planning Board The Planning Board reviewed the draft Ordinance 8669 on October 15, 2024, and unanimously (8-0, one member absent) recommended adoption of the proposed code updates. The Planning Board also suggested the following revisions, which were considered by staff and incorporated into the code updates for Council’s consideration: Form-Based Code •Façade Requirements for Existing Buildings Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8669, amending Title 9, “Land Use Code,” B.R.C. 1981, by adopting form-based code standards for parts of East Boulder, moving the form-based code from Appendix M to Chapter 9-14, “Form- Based Code,” B.R.C. 1981, revising rezoning and trip reduction standards for East Boulder; and setting forth related details. Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 2 Packet Page 51 of 903 o Several members commented that the draft façade replacement requirement was too stringent for existing buildings, potentially forcing costly upgrades. A consensus was reached that the revision to the facade requirements for existing buildings should be more flexible to allow for on-going maintenance and renovations while keeping core form-based code standards for new building additions to better blend with surroundings. • Outdoor Space Requirements o Several members favored a size-based threshold (e.g., square feet) over a unit-count threshold for outdoor spaces requirements to be consistent with other recent code updates. 9-9-22 Trip Generation Requirements • Some members advocated for an increased percent reduction in generated trips from the draft 20 percent reduction to 30 percent, arguing for a stronger approach to align with Boulder's sustainability goals. PUBLIC FEEDBACK Community Engagement The East Boulder Subcommunity Plan process included three years of robust community engagement to help define a community vision for the future of the subcommunity. The plan describes community expectations for desired land uses, building character, street- level activation, streetscape character, access and mobility, and parking. As described in the Boulder Valley Comprehensive Plan, a key tool to manage the execution of that vision through redevelopment is the Boulder Revised Code (B.R.C. 1981). This implementation project included a technical analysis of zoning options, a review of the existing FBC, and development of new standards to apply to East Boulder specifically. To inform this process, the project included engagement with the community through three channels: Technical Advisory Committee (TAC) The TAC was composed of 12 members of the local design and construction community. Members represented various disciplines and specialties in the design process and brought a critical eye to inform potential rezonings, code changes and the potential update to the city’s Form-Based Code. Three TAC meetings were held, the first on September 12, 2023 and the second on December 12, 2023. The third meeting was held on June 10th, 2024. All meetings were focused on technical issues of the FBC. Key themes from these three sessions included: • Updates should reflect lessons learned from recently completed projects • Examine how FBC requirements impact project costs and ultimate residential unit costs • Desire for additional flexibility in design • Desire for a more consistent process and less discretionary decision-making (e.g., call ups) Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 3 Packet Page 52 of 903 Focus Group Sessions The project team assembled four focus group sessions focused on key issues to inform future zoning recommendations and code changes. The four groups included participants representing area property owners and developers, local business owners, mobility service providers and advocates, and long-range planning advocates. Similarly, the Focus Group sessions introduced the project to participants and collected feedback on their interests, concerns and plans for potential zoning changes in the area. Key themes from these sessions included: • Interest in ability to create more and wider variety of housing options in East Boulder • Concerns for affordability of commercial space and the subcommunity’s ability to support small businesses in the face of redevelopment • Interest in more green and open spaces in redevelopment projects Community-wide Communications Channels In addition to collecting targeted input from impacted community members and those working in the design and development industries, the project team has provided information about the project to the broader community through updates to the East Boulder Subcommunity Plan project webpage. Staff and some members of council received letters from community members. An initial draft of the proposed updates to Appendix L map and Appendix M FBC code language were uploaded to the webpage on May 28, 2024. Staff held office hours that were open to the public on June 5 and accepted community comments on the drafts until June 21, 2024. Staff made several important revisions to the initial draft in response to community feedback and the revised draft was posted for public review on the project webpage on September 18, 2024. The project team has continued to collect feedback from community members and refine the code updates in response to this feedback. The proposed code updates included in Ordinance 8669 represent multiple iterations and collaboration across city departments, with local property owners and the design and development community. East Boulder Business Questionnaire To ensure the FBC updates reflected the needs of local businesses in East Boulder, the project team posted a questionnaire on BeHeardBoulder from March 10, 2024, to April 4, 2024. Staff also went door to door to collect feedback in person and help business owners complete the questionnaire. The questionnaire was specifically related to space and design needs for business owners who currently rent or own spaces in the area. Responses were used to prepare the space requirements included in the updates for the East Boulder areas that will be subject to FBC in the future. Twenty-six businesses, of diverse types, responded to the questionnaire. There was consensus from respondents about the need for ceiling heights over twelve feet, roll up/garage doors, and loading/unloading capabilities. About one third of respondents were concerned about an increase in transparency requirements due to concerns about theft of property. However, the majority of respondents desired their business to be visible and accessible to the public. A little over half of respondents agreed that their current parking was adequate Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 4 Packet Page 53 of 903 and shared with other businesses. Finally, the staff heard concerns about the rising cost of rent and being “priced out” of Boulder because of anticipated redevelopment. Boulder Chamber Engagement The project team met with the Boulder Chamber Commercial Brokers group on Monday, May 13, 2024 to provide a project update and share the results of the East Boulder Business Questionnaire. Approximately 40-50 members were in attendance. The project team presented to Chamber members to receive further feedback surrounding the needs of businesses in the area. Concerns from this group mirrored several of the concerns staff have been hearing from both the Technical Advisory Committee and Focus Group members. In addition, they were interested in expanding allowed uses in areas zoned as industrial. The project team also met with Chamber members at the August 21, 2024 Collaborative Planning and Development (CPD) Forum to provide an overview of the FBC, key updates made since the first draft, and collect additional feedback on the proposed code changes. Members were generally positive about the proposed changes, especially the revisions made since the first draft. Members continued to express an interest in finding ways to make the FBC review process more administrative and consistent, with fewer discretionary decisions or processes, such as call-ups, that can add time and expense to project approvals. Public Hearing Comments and Letters to Boards and Council Planning Board held a public hearing on the Form-Based Code and associated amendments to the East Boulder Subcommunity Plan on October 15, 2024. Five community members spoke to the board at this hearing. Below are some themes from public testimony: • Interest in allowing flexibility to meet the needs of Research & Development (R&D) users • Concern for the required residential and production business space standards • Support for the required residential standards • Desire for additional review time of the code updates Additionally, in advance of the public hearing the board and staff received letters from community members regarding the updates to the Form-Based Code and the application of FBC to neighborhoods in East Boulder. Some letters expressed support for the update project and expansion of FBC as a regulatory tool to new neighborhoods in the city. Some of the letters also expressed concerns about FBC. The below table outlines major themes around concerns and how these issues have been addressed in the latest version of the code updates. To see all letters received, please refer to Attachment D. Community Member Concern How this is addressed in the FBC Design constraints, such as floor-to-floor heights don’t match the needs of R&D facilities Increased allowed range of heights for the shopfront and service bases. Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 5 Packet Page 54 of 903 Requirements of façade design, particularly for small repairs or updates are overly restrictive Increased flexibility for maintenance, renovation, and upgrades to existing buildings before FBC standards would apply. Several triggers were removed and the amount of façade change was increased from 30% to 60%. Potential for existing buildings to be identified as non-conforming Relaxed standards for existing uses such that they do not become nonconforming based on form-based code location-based use requirements but may be continued as conforming uses in their existing buildings. Production business space is not well defined Revised definition of production business space to identify prohibited uses, expanding the potential for many different uses to meet the use requirements for the space BACKGROUND East Boulder Subcommunity Plan The BVCP describes that a subcommunity plan is a tool for residents, landowners, business owners, city officials and city staff that communicates expectations about the future of a subcommunity and guides decision-making about subcommunity resilience and evolution into the future. The East Boulder Subcommunity Plan identifies a few areas within the East Boulder Subcommunity where the community supports the concept of evolving solely industrial-focused neighborhoods to mixed-use communities with access to green space and a variety of mobility options. By identifying and mapping “Place Types,” the plan provides specific guidance on issues such as future land uses, building character, street level activation, streetscape character, access and mobility, and parking. The Place Types map and performance standards serve as the basis for regulations included in the Form-Based Code update, including associated regulating plans. Form-Based Code In 2016, City Council adopted Appendix M: Form-Based Code (FBC) for the purpose of establishing building form and design requirements for development within specified areas (designated in Appendix L: Form-Based Code Areas). The FBC was a deliverable of the city’s Design Excellence Initiative, a program created by City Council to provide recommendations that would help increase the predictability of the discretionary review process, improve the public realm and lead to the design of better buildings in Boulder. The requirements for these form-based code areas implement the desired development, including functional characteristics, form, design character and quality, as guided by the adopted plans for each designated area and the BVCP. Only two areas are currently designated for FBC Review: Boulder Junction Phase I (59 acres) and Alpine-Balsam (8 acres). These areas include approximately 66 parcels. Amending Appendix L to include the mixed-use neighborhoods identified in the East Boulder subcommunity plan, would add three new areas and approximately 330 acres and 175 parcels to all areas citywide subject to the city’s FBC. Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 6 Packet Page 55 of 903 Rezoning Criteria for East Boulder At the time the East Boulder Subcommunity Plan was adopted, City Council also adopted Ordinance 8544, amending Section 9-2-19 of the Boulder Revised Code (B.R.C. 1981) to specifically address criteria for rezonings in East Boulder. The purpose of this ordinance was to ensure that the city had regulations in place to manage redevelopment in East Boulder before rezoning applications would be considered. If Ordinance 8669 is adopted by City Council, the rezoning criteria identified in Ordinance 8544 will no longer be necessary and will be removed from the code. Applicability of Form Based Code Form-based code is applied as an overlay to the existing zoning code that applies to a property and generally replaces the Form and Intensity modules of the Modular Zone System. The Use module defined by the zone district still applies and is unchanged by FBC. Properties with an existing discretionary approval, such as Planned Unit Development (PUD) or Site Review, are not subject to the standards set forth by the FBC. Amendments to and redevelopment of properties with existing approvals may proceed under existing zoning rules and the Site Review Amendment process (B.R.C., 1981 Section 9-2-14). The FBC review process will apply to properties without these types of prior approvals and those where the prior approvals are rescinded by the applicant. SUMMARY OF PROPOSED CHANGES IN ORDINANCE 8669 General Updates to the FBC The East Boulder Zoning Update provided city staff and the community the opportunity to reflect on how the FBC has delivered the type of buildings, public spaces, and pedestrian experiences that it set out to achieve in 2016. Many changes included in the ordinance are general updates to improve the FBC and FBC Review process. These updates are in response to feedback received from community, boards and council as well as city staff conducting Development Review. Below is a summary of general updates to the FBC, see Attachment C for a more detailed list of changes. Form Base Code Simplification and Organization: (a) The FBC is moved from Title 9, Appendix M, to Chapter 14 to be better integrated into the B.R.C. and other applicable zoning regulations. (b) General clean-up of definitions and removal of repetition throughout the code is completed to provide greater clarity and usability throughout. (c) Language is simplified throughout. (d) The outdoor space requirements are revised for clarity and improved organization. (e) Façade materials are reorganized into table format for ease of use. (f) The requirement to incorporate an expression of the golden ratio was removed. Increased Flexibility in Design Elements: (a) Increased material options along Type B and C frontages. (b) Removed building proportion requirements. Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 7 Packet Page 56 of 903 (c) Revised design elements to only apply to frontages defined as Type A, B, or C, so rear and interior side facades are more flexible. (d) Minor revisions to allow more horizontal windows in upper stories. (e) Minor revisions to principal entryways. (f) Increased allowed range of heights for the shopfront and service bases. (g) Increased allowed maximum floor-to-floor heights in the General building form. (h) Greater allowance for measuring taller spaces in a building (i.e., multi-story lobbies, mezzanines, etc.). (i) Modified the varied building height standard to be only required on one Type A frontage and not all Type A frontages. (j) Revised paseo design standards to allow a mix of surface treatments and lighting styles. (k) Increased flexibility for maintenance, renovation, and upgrades to existing buildings before FBC standards would apply. (l) Increased flexibility for non-residential redevelopment within the General and Row building forms by changing the existing threshold from 15,000 sf to 35,000 sf before residential uses are required. (m) Relaxed standards for existing uses such that they do not become nonconforming based on form-based code location-based use requirements but may be continued as conforming uses in their existing buildings. New Features: (a) Added a new definition for mobility hub and added mobility hubs as an allowed element within an outdoor space. (b) Added an option for a 1,600 sf courtyard or a 1,400 sf playground to count towards outdoor space requirements. FBC Updates Specific to East Boulder In addition to the general updates made throughout the FBC, the ordinance adds three new regulating plans for East Boulder mixed use neighborhoods and includes the following additions which are specific to East Boulder and responsive to community feedback collected throughout the project process as well as the direction of the East Boulder Subcommunity Plan: Regulating Plans (a) A new street frontage type is added, Type C, to address ‘back of house’ and loading/unloading needs of East Boulder businesses. Building Types (a) Added a new Workshop building type to support industrial uses in mixed use neighborhoods. The regulations associated with the Workshop building type respond to local business input collected from the East Boulder business questionnaire. Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 8 Packet Page 57 of 903 (b) Added new Service base type. This base type can be applied to General and Workshop building types and responds to local business input about building needs to support the types of businesses that exist in East Boulder today. (c) Introduced a new design standard for streetwall variation on Type A and B frontages, which requires courtyards and streetscape plazas. These spaces will allow for informal street level pedestrian gathering places and/or mobility hubs along Type A and B streets as described by the EBSP. (d) Applied the existing required residential standard for General or Row buildings to portions of the 55th & Arapahoe station area and locations directly adjacent to Valmont City Park. (e) Introduced a new standard for “production business space” in General or Workshop buildings over 15,000 sf to create light industrial space in new structures to accommodate the space needs described by local businesses. Site Design (f) Added Large Site Development Standards for properties larger than four acres. Many East Boulder parcels are significant in size, relative to other parts of the city. These large site standards require that large sites provide walkable block patterns in development proposals. (g) Added a new requirement for mid-block pathways for large blocks in East Boulder to support a smaller scale pedestrian network in redeveloping areas. Revisions to Section 9-2-19 Rezoning Rezoning criteria specific to East Boulder were defined in Section 9-2-19(g) to ensure that the city had regulations in place to manage redevelopment in the area before rezoning applications would be considered. The FBC updates will put in place the regulations needed to guide future redevelopment, so these rezoning criteria are proposed to be removed from the code as part of this ordinance. Revisions to Section 9-9-22 Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts Mixed Use and Residential High zone districts would be appropriate and are recommended for some locations identified in the East Boulder Subcommunity Plan and included in the FBC updates, especially near the 55th and Arapahoe station area. Note that currently no property in East Boulder is zoned MU-4, RH-6 or RH-7. The MU-4 and RH-6 and RH-7 zones were originally created for the Boulder Junction area and impose a 55% trip reduction requirement for development proposing new floor area or dwelling units unless the development is located within a general improvement district that provides travel demand management and parking management programs. The 55% trip reduction requirement was based on the transit system anticipated for that area and was also intended to incentivize joining a general improvement district that manages parking and travel demand. This ordinance proposes changes to this section of the code to require a 30% reduction in trip generation for redevelopment of properties in East Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 9 Packet Page 58 of 903 Boulder that are rezoned to MU-4, RH-6, or RH-7 zone districts. The reduction in trip generation would be based on tables the Institute of Transportation engineers (ITE). This is a relatively modest amount of trip reduction. It is appropriate due to the current lack of frequent and reliable local and regional transit service in the East Boulder area. Additionally, there is currently no established General Improvement District, as there is at Boulder Junction, for the 55th and Arapahoe Station Area for travel demand and parking management in the area. At some time in the future when the East Arapahoe Bus Rapid Transit system is in service, the trip reduction standards could be revisited. General Revisions Throughout the Code The ordinance proposes to move the FBC from its current location as Title 9 Appendix M within the B.R.C., to Title 9 Chapter 14 that has been reserved open. This move will require minor clerical revisions throughout the code to modify all references to Appendix M to now reference Chapter 14 as necessary. ANALYSIS How will this ordinance implement the Boulder Valley Comprehensive Plan and East Boulder Subcommunity Plan? The ordinance will directly implement project D9 of the East Boulder Subcommunity Plan and deliver the necessary regulation to meet the community vision described in the plan. Additionally, while the ordinance considers many of the policies in the Boulder Valley Comprehensive Plan, it will directly implement the following BVCP policies: 2.03 Compact Development Pattern 2.09 Neighborhoods as Building Blocks 2.14 Mix of Complementary Land Uses 2.16 Mixed Use & Higher Density Development 2.19 Neighborhood Centers 2.21 Light Industrial Areas 2.24 Commitment to a Walkable & Accessible City 2.25 Improve Mobility Grid & Connections 2.33 Sensitive Infill & Redevelopment 5.01 Revitalizing Commercial & Industrial Areas 6.21 Mobility Hubs 7.11 Balancing Housing Supply with Employment Base Are there consequences in not approving this ordinance or amendments to the Subcommunity Plan? Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 10 Packet Page 59 of 903 If the ordinance is not approved, the Form-Based Code as it exists today, in Title 9 Appendix M of the B.R.C., will continue to regulate properties as identified on the current Appendix L, Form-Based Code areas map. This is limited to Boulder Junction Phase 1 and the Alpine Balsam site. Form-Based Code would not apply to properties in East Boulder and future changes would follow typical by-right or Site Review processes. Additionally, the Rezoning Criteria of 9-2-19(g) will remain in place and would potentially limit rezoning and redevelopment in the area. NEXT STEPS City Council will hold a public hearing and second reading on December 5, 2024, for both the proposed amendments to the East Boulder Subcommunity Plan and these proposed changes to the Boulder Revised Code. If the ordinance is adopted by City Council, changes go into effect 30 days after adoption (January 4, 2025). ATTACHMENT(S) Attachment A: Ordinance 8669 Attachment B: East Boulder Zoning Update Engagement Summary Attachment C: Amended Appendix L Map Attachment D: Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 11 Packet Page 60 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8669 AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, BY ADOPTING FORM-BASED CODE STANDARDS FOR PARTS OF EAST BOULDER, MOVING THE FORM-BASED CODE FROM APPENDIX M TO A NEW CHAPTER 9-14, “FORM-BASED CODE” B.R.C. 1981, REVISING REZONING AND TRIP REDUCTION STANDARDS FOR EAST BOULDER; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 9-1-2, “How to Use this Code,” B.R.C. 1981, is amended to read as follows: 9-1-2. How to Use This Code. A general description of these land use regulations follows. This description is intended to provide the reader with some guidance using this code. This section is not intended to be a substitute for the standards, criteria and procedures contained in this code. (a)Organization: This title is divided into sixteen chapters. Each chapter is further subdivided into sections, subsections, paragraphs and subparagraphs. A consistent numbering and formatting convention is used throughout the title to identify these divisions and to help orient the user to the organization of information. The example below illustrates the formatting and numbering convention: …. (c)Modular Zone System: Zoning districts in Boulder are comprised of standards from three modules: use, form and intensity. Combining elements of the three modules creates a zoning district. The zoning districts are identified in Section 9-5-2, "Zoning Districts," B.R.C. 1981. … (2)Form Module: The form module establishes the physical parameters for development such as setbacks, building coverage, height and special building design characteristics. Solar access standards, located in Section 9-9-17, "Solar Access," B.R.C. 1981, may also impact building form and should be reviewed in conjunction with the form standards. On parcels and lots designated in Appendix Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 12 Packet Page 61 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L, "Form-Based Code Areas," the regulations of Appendix MChapter 9-14, "Form-bBased Code," apply. (3) Intensity Module: The intensity module establishes the density at which development may occur and includes: minimum lot sizes, minimum open space per dwelling unit, number of dwelling units per acre, minimum open space per lot or parcel, and floor area ratios when applicable. On parcels and lots designated in Appendix L, "Form-Based Code Areas," the regulations of Appendix MChapter 9-14, "Form-Based Code," apply. (4) The requirements for the form-based code review process are found in Section 9- 2-16, "Form-Based Code Review," B.R.C. 1981. Parcels and lots designated in Appendix L, "Form-Based Code Areas," are subject to the requirements of Appendix MChapter 9-14, "Form-Based Code," and will be required to complete a form-based code review. Projects required to complete a form-based code review, are not eligible for the variance process and site review process. Section 3. Section 9-2-16, “Form-Based Code Review,” B.R.C. 1981, is amended to read as follows: 9-2-16. Form-Based Code Review. (a) Purpose: The purpose of form-based code review, is to improve the character and quality of new development to promote the health, safety and welfare of the public and the users of the development. The form-based code review regulations are established to create a sense of place in the area being developed or redeveloped and ensure a site and building design that: … (b) Scope and Application: (1) The requirements of this section apply to all development on parcels and lots designated in Appendix L, "Form-Based Code Areas." No person shall develop or apply for a building permit for a project on, or for, subdivision of a parcel or lot designated in Appendix L, "Form-Based Code Areas," until a form-based code review has been completed. (2) Projects required to complete a form-based code review are neither required nor eligible to complete the processes under Sections 9-2-13, "Concept Plan," and 9- 2-14, "Site Review," B.R.C. 1981. (3) Administrative Form-Based Code Review for Minor Floor Area Expansions: Projects to expand floor area by no more than 500 square feet that are limited to one story and do not entail changes to existing form-based code review approvals Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 13 Packet Page 62 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 may be reviewed as an administrative form-based code review pursuant to the process of Section 9-2-2, "Administrative Review Procedures," B.R.C, 1981, and applicants for such projects shall not be required to complete a pre-application review under Subsection (c) of this section; otherwise, such projects shall meet all of the requirements of this section and the requirements of Appendix MChapter 9- 14, "Form-Based Code." (4) Exceptions to Form-Based Code Review Process: The following developments shall not be required to complete a form-based code review: (A) Administrative form-based code reviews pursuant to Paragraph 9-2- 16(b)(3), B.R.C. 1981; (B) Minor modifications to approved form-based code review applications; (C) Previously Approved Developments: Any development on a lot or parcel designated in Appendix L, "Form-Based Code Areas," for which an application for site review was made prior to the adoption of an ordinance including said lot or parcel in the designation of said appendix and that is approved or for which valid planned unit development (PUD) approval exists shall not be subject to these requirements and may be amended or modified in accordance with the minor modification and amendment provisions of Section 9-2-4, "Site Review," B.R.C. 1981; such minor modification or amendment shall not be approved unless the proposed changes are, to the extent practicable, compatible in terms of building height, mass, scale, orientation, architecture, and project configuration with the regulations applicable to the area pursuant to Appendix L, "Form- Based Code Areas," and Appendix MChapter 9-14, "Form-Based Code," and consistent with the standards established in Subsection M-1-9-14-5(c), “Expansions and Modifications to Existing Structures That Do Not Meet the Standards of this Chapter,” B.R.C. 1981. of Appendix M, "Form- Based Code"; (D) Interior building remodels or modifications that do not include an expansion of floor area, do not change the exterior appearance of the building, and otherwise conform to this section and Appendix MChapter 9-14, "Form-Based Code," B.R.C. 1981; (E) Subdivisions solely for the purpose of amalgamating lots or parcels of land; and (F) Subdivisions solely for the purpose of conveying property to the Ccity. … (d) Application Requirements: An application for approval of a form-based code review, may be filed by any person having a demonstrable property interest in land to be included in a form-based code review on a form provided by the city manager that includes, without limitation: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 14 Packet Page 63 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … (4) Site Plan: A site plan with a north arrow showing the major details of the proposed development, prepared on a scale of not less than one-inch equals one hundred feet, providing sufficient detail to evaluate the features of the development required by this section. The site plan shall contain, insofar as applicable, the information set forth as follows: (A) Topography. The existing topographic character of the land, showing contours at two-foot intervals; (B) Flood Areas. If applicable, the areas subject to the one hundred-year flood as defined in Chapter 9-16, "Definitions," B.R.C. 1981, and any area of the site that is within a designated space conveyance zone or high hazard zone; (C) Building Footprints. The location and size of all existing and proposed buildings, structures and improvements with dimensions indicating the distance from lot lines, structure low point elevations pursuant to the definition of "height," and the general location of adjacent streets, structures and properties; (D) Uses. Site and location of existing and proposed uses, including density and type of uses; (E) Outdoor Spaces. The following shall be illustrated on a site plan: (i) The areas intended to function as outdoor space as specified within Appendix MChapter 9-14, "Form-Based Code"; (ii) Detailed design for outdoor space, illustrating hardscape and site furnishings; and (iii) Any other areas that qualify as useable open space per Section 9-9- 11, B.R.C. 1981; (F) Public Spaces. The following shall be illustrated on a site plan: (i) The areas that are to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds, outlots or open space and as sites for schools and other public buildings; and (ii) The areas that are to be conveyed, dedicated or reserved for streets, alleys, paths, sidewalks, and utility easements. (G) Streets and Block Layout. For project sites that are subject to the requirements of Section 9-14-13, “Large Site Development Standards,” B.R.C. 1981, a block plan analysis demonstrating compliance with the standards of that section, Section 9-9-5, “Site Access Control,” B.R.C. 1981, and Section 9-9-8, “Reservation, Dedication, and Improvement of Rights of Way, B.R.C. 1981, including, but not limited to the following information: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 15 Packet Page 64 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) Block length of each portion of a block; (ii) Total block perimeter; (iii) On- and off-street parking; (iv) Paseos; (v) Type A, B and C frontage designations; and (vi) If, applicable, terminated vistas. … (8) Streetscape Plan. A detailed streetscape plan, consistent with Sections 9-9-13, and B.R.C. 1981, and Section M-19-14-10, B.R.C. 1981 of Appendix M to this title, shall include the following: (A) The location of street trees; (B) Designation of ground plane vegetation for any landscape bed areas, planter areas, and open tree wells; (C) The location and quantities of all pedestrian and vehicular lighting. Cut sheets and samples shall also be submitted; (D) Specification of materials and patterns for street and sidewalk pavement design; (E) The location and quantities of furnishings, such as benches, seat walls, planters, planter fences, tree grates, tree guards, and trash receptacles on each street and for other public way where furnishings are required or proposed; and (F) The location and quantities of any other elements designed to establish the identity of the street, such as pavement markers or artwork. … (14) Architectural Plans. Detailed architectural plans that include the following: (A) Building Schematic Floor plans. Building floor plans shall be included for each floor, illustrating the location of uses, common spaces, doors, and windows; (B) Building Details. Plans, sections, and elevations illustrating compliance with Sections M-1-139-14-14 through 9-14-33M-1-28 , B.R.C. 1981of Appendix M, "Form-Based Code," to this title; … (D) Golden Rectangle Use. Diagram or series of diagrams demonstrating the use of the golden rectangle in the design of each building, to demonstrate compliance with Section M-1-29, of Appendix M, "Form-Based Code," to this title. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 16 Packet Page 65 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (15) View Corridor Analysis. A view corridor analysis, including the following: (A) A plan illustrating location of mountain range and notation of Flatirons 1 through 5, location of other features subject to view corridor protection, location of building footprints with heights noted, location of streets, and location of outdoor spaces; (B) A three-dimensional, geographically accurate digital site and proposed building model illustrating views required to be preserved through the site and photographically depicting the mountains in their accurate geographic locations. Refer to Figure 14-9M-1(4), "Example Documentation of Preserved Views from Junction Place Bridge," in Appendix MChapter 9- 14, "Form-Based Code"; (C) Additional Submittal Requirements by Request. The city manager may request additional information to illustrate compliance with the requirements of this section; and (D) Waiver. The city manager may waive submittal requirements if the city manager finds that the requirement is not applicable to a project and would not illustrate compliance with the requirements of this section. … (g) Criteria for Review: No form-based code review application shall be approved unless the approving agency finds that: (1) Consistency with Appendix MChapter 9-14, "Form-Based Code." The proposed plans and building designs are consistent with the requirements of Appendix MChapter 9-14, "Form-Based Code." … (i) Exceptions: Exceptions to the requirements of Appendix MChapter 9-14, "Form-Based Code," may be approved under the form-based code review process pursuant to the following standards: (1) Application Requirements: If an application includes a request for an exception to the requirements of Appendix MChapter 9-14, "Form-Based Code," the requested exceptions shall be noted on the plans and the application shall include a written statement describing how the standards applicable to the exception are being met. (2) Exceptions: (A) An exception may be granted by the approving authority if the following criteria are met: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 17 Packet Page 66 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) The proposed exception is consistent with the goals and intents of the adopted area plan applied to the area, and (ii) The proposed exception will not create any adverse impacts on residents of the development or surrounding properties beyond what is ordinarily expected through implementation of the standards within Appendix MChapter 9-14, "Form-Based Code". (B) An exception may be granted by the approving authority if the approving authority finds that individual conditions of the property that were not created by the applicant make compliance with a provision of Appendix MChapter 9-14, "Form-Based Code ," impractical and the proposed alternative design is the minimum modification of the requirements of Appendix MChapter 9-14 that provides relief and is consistent with the intent and purpose of the section being modified and the form-based code review process described in Subsection (a) of this section; (C) An exception may be granted by the approving authority if otherwise the requirements of Appendix MChapter 9-14, "Form-Based Code," would result in a violation of federal or state legislation, including but not limited to the Americans with Disabilities Act, and the exception would be the minimum modification of the requirements of Appendix MChapter 9-14 that provides relief; or (D) An exception may be granted by the approving authority if the building or property has been designated as an individual landmark or recognized as a contributing building to a designated historic district and as part of the review of an alternation certificate pursuant to Chapter 9-11, "Historic Preservation," B.R.C. 1981, the approving authority has found that the development in conforming locations on the lot or parcel or conforming with other requirements of Appendix MChapter 9-14, "Form-Based Code," would have an adverse impact upon the historic character of the individual landmark or the contributing building and the historic district, if a historic district is involved. The exception may be approved only if the modification to the requirements of Appendix MChapter 9-14, B.R.C. 1981, is the minimum modification that provides relief. (j) Minor Modifications to Approved Form-Based Code Reviews: Modifications to the site plan, building plans, landscaping and parking plans previously approved through a form- based code review application may be approved by the city manager without requiring an amendment to the approved form-based code review if such changes are minor. All minor modifications shall be noted, signed, and dated on the approved form-based code review plans. For proposed minor modification of form-based code review projects that are partially or totally developed, the applicant shall provide notice to any owners of property within the development that might be affected, as determined by the manager. The following standards apply to minor modifications: (1) On a street facing façade, the following shall be met: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 18 Packet Page 67 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) Window sizes, types, and dimensions are not shifted by more than 10 feet in either direction per floor, transparency requirements are not reduced by more than 10 percent of the approved percentage and required minimum transparency per floor is maintained, and the general pattern of the windows is not substantially altered from the form-based code review approval; (ii) The approved total percentage of major materials is not reduced; and (iii) Building bay configurations may be shifted or transposed, if otherwise consistent with these criteria; (2) No modification or cumulative modifications from the form-based code review approval results in an expansion or shifting of floor area by more than ten percent of the floor area of the project; (3) The sum of all cumulative modifications to the site plan, building plans, landscaping and parking plans approved under this subsection (j) does not exceed ten modifications per building and may be considered under one or more minor modification applications so long as ten modifications per building is not exceeded. For the purposes of this subsection, one modification shall mean one aspect of the design that is changing in respect to an Chapter 9-14 Appendix M standard and not every individual change. For example, one particular dimensional change applied to ten windows shall count as one modification, not ten modifications; and (4) All modifications are consistent with the requirements of Appendix MChapter 9- 14, "Form-Based Code," and do not include any exception requests. (k) Amendments to Approved Form-Based Code Reviews: (1) No proposal to expand or otherwise modify any approved form-based code review, other than a minor modification, shall be approved unless the form-based code review is amended and approved in accordance with the procedures prescribed by this section for approval of a form-based code review, except for the notice and consent provision of this subsection. (2) If an applicant requests approval of an amendment to an approved form-based code review, the city manager shall provide public notice pursuant to Section 9-4- 3, "Public Notice Requirements," B.R.C. 1981. (3) The owners of all property for which an amendment is requested shall sign the application. (l) Existing Buildings: Existing buildings may be modified and expanded pursuant to the standards established in Appendix MChapter 9-14, "Form-Based Code." Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 19 Packet Page 68 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … Section 4. Section 9-2-19, “Rezoning,” B.R.C., 1981, is amended to read as follows: 9-2-19. Rezoning. (a) Initiation: An amendment to rezone any area of the city may be initiated by the city council, the planning board or a person with an ownership interest in property proposed for rezoning. … (g) Additional Criteria for Land within the East Boulder Subcommunity Plan and 55th and Arapahoe Station Area Plan Boundaries. In the East Boulder Subcommunity Plan boundary and in the 55th and Arapahoe Station Area Plan boundary, for an application not incidental to a general revision of the zoning map, the city council shall also find, in addition to requirements in Subsection (e) above, that the land use code contains standards necessary to achieve the vision of the East Boulder Subcommunity Plan for the area proposed for rezoning. The intent of this requirement is to ensure that the land use code contains standards that will result in development of the area proposed for rezoning consistent with the vision of the plan, to ensure the rezoning will not otherwise negatively impact the achievement of the vision of the plan, and to not prevent rezoning until all anticipated land use code projects and programs of the plan have been completed. In making this determination, council shall consider, to the extent applicable for the area proposed for rezoning: (1) The ability of the proposed rezoning to achieve the place types and meet the place type performance standards established in the plan, (2) The ability of the proposed rezoning to achieve new and upgraded transportation connections designated in the East Boulder Subcommunity Connections Plan concurrent with development or redevelopment, and (3) Whether the proposed rezoning may impact the city's ability to incentivize the creation of or participation in one or more general improvement districts, or an equivalent organization, proposed in the plan. (h) Solar Access Areas: A request for rezoning may seek to amend a solar access area, as defined in Subsection 9-9-17(c), B.R.C. 1981, if all applicable requirements of Subsection 9-9-17(e), B.R.C. 1981, are met. Section 5. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended to read as follows: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 20 Packet Page 69 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9-6-1. Schedule of Permitted Land Uses. The schedule in Table 6-1 shows the uses that are permitted, conditionally permitted, prohibited, or that may be permitted through use review. … (b) Additional Standards: (1) Uses are also subject to all other applicable requirements of this title. (2) Additional Use Standards in Form-Based Code Areas or Overlay Districts: (A) Uses in Form-Based Code Areas: Uses located on a lot or parcel designated in Appendix L, "Form-Based Code Areas," are subject to the requirements of this chapter, but may also be subject to additional use standards pursuant to Appendix MChapter 9-14, "Form-Based Code." Section 6. Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, is amended to read as follows: 9-7-1. Schedule of Form and Bulk Standards. The purpose of this chapter is to indicate the requirements for lot dimensions and building form, bulk, location and height for all types of development. All primary and accessory structures are subject to the dimensional standards set forth in Table 7-1 of this section with the exception of structures located in an area designated in Appendix L, "Form-Based Code Areas," subject to the standards of Appendix MChapter 9-14, "Form-Based Code." No person shall use any land within the City authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following form and bulk requirements unless modified through a use review under Section 9-2-15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as approved under the provisions of Section 9-2-16, "Form- based code review," B.R.C. 1981. TABLE 7-1: FORM AND BULK STANDARDS . . . Footnotes to Table 7-1, Form and Bulk Standards: In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all development in the city: (a) On corner lots, use principal building front yard setback where adjacent lot fronts upon the street. (b) For zero lot line development, including side yard setbacks from interior lot lines for townhouses, see Subsection 9-7-2(b), B.R.C. 1981. (c) The permitted height limit may be modified only in certain areas and only under the standards and procedures provided in Sections 9-2-14, "Site Review," and 9-7-6, "Building Height, Conditional," B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 21 Packet Page 70 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) For buildings over 25 feet in height, see Subsection 9-9-11(c), B.R.C. 1981. (e) For other setback standards regarding garages, open parking areas, and flagpoles, see Paragraph 9-7-2(d), B.R.C. 1981. (f) Where a rear yard backs on a street, see Paragraph 9-7-2(c), B.R.C. 1981. (g) This maximum height limit applies to poles that are light poles at government-owned recreation facilities but not to other poles. Other poles have a maximum height of 55 feet in all zones. For additional criteria regarding poles, see Section 9-2-14, "Site Review," B.R.C. 1981. (h) For front yard setback reductions, see Subsection 9-7-2(a), B.R.C. 1981. (i) For side yard setback requirements based on building height, see Appendix B, "Setback Relative to Building Height," of this title. (j) The maximum percentage of the third floor area that can be in a fourth story standard may not be modified as part of a site review. (k) For properties located in the DT-5 and P zoning districts and shown in Appendix I, the minimum setback shall be as required by Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, Table 7-1, Form and Bulk Standards or sixty-five feet measured from the centerline of Canyon Boulevard right-of-way. (l) For buildings on nonstandard lots within the RMX-1, RL-1, RE, RR-1, and RR-2 zoning districts, refer to Table 10-1, Maximum Height Formulas, within Section 9-10-3, "Changes to Nonstandard Buildings, Structures and Lots and Nonconforming Uses." (m) For setback requirements on corner lots in the DT-5 zoning district, refer to Subsection 9-7-6(c), B.R.C 1981. (n) For principal and accessory buildings or structures located on a lot or parcel designated in Appendix L, "Form- Based Code Areas," and subject to the standards of Appendix MChapter 9-14, "Form-Based Code," refer to Appendix MChapter 9-14, "Form-Based Code," for design standards applicable to such lot or parcel. With the exception of Charter Section 84, "Height limit," and Sections 9-7-3, "Setback Encroachments," and 9-7-5, "Building Heights," 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, the form and bulk standards of this chapter are superseded by the requirements of Appendix MChapter 9-14, "Form-Based Code." Building heights in areas designated in Appendix L are not subject to the height limits of Table 9-7, Form and Bulk Standards. Section 7. Section 9-7-5, “Building height,” B.R.C. 1981, is amended to read as follows: 9-7-5. Building Height. (a) Permitted Height: The height permitted without review within the City is set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided in Paragraph (b)(2) of this section and except under a form-based code review. Buildings greater than the permitted height may be approved under Section 9-2-14, "Site Review," B.R.C. 1981. Buildings under a form-based code review are subject to the minimum and maximum height standards established in Chapter 9-14, “Form-Based Code,” B.R.C. 1981, and shall not exceed the height limit of Charter Section 84, “Height limit.” . . . Section 8. Section 9-7-7, “Building Height, Appurtenances,” B.R.C. 1981, is amended to read as follows: 9-7-7. Building Height, Appurtenances. (a) Appurtenances: Appurtenances May be added under the following circumstances: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 22 Packet Page 71 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The addition of an appurtenance to a building is permitted if it does not cause the building height to exceed the height allowed in Sections 9-7-5, "Building Height," and 9-7-6, "Building Height, Conditional," or Chapter 9-14, “Form-Based Code,” B.R.C. 1981, as applicable, considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof. . . . Section 9. Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981, is amended to read as follows: 9-8-1. Schedule of Intensity Standards. The purpose of this chapter is to indicate the requirements for the allowed intensity of all types of development, including maximum density for residential developments based on allowed number of units and occupancy. All primary and accessory structures are subject to the standards set forth in Table 8-1 of this section except that developments within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards or Appendix M Chapter 9- 14, "Form-Based Code," are exempt from Table 8-1 and Sections 9-8-1 through 9-8-4, B.R.C. 1981. Developments within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards or Appendix M Chapter 9-14, "Form-Based Code," are subject to the standards of Sections 9-8-5, "Occupancy of Dwelling Units," 9-8-6, "Occupancy Equivalencies for Group Residences," and 9-8-7, "Density and Occupancy of Efficiency Living Units," B.R.C. 1981. No person shall use any land within the city authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following requirements unless modified through a use review under Section 9-2-15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or approved through a form-based code review under Section 9-2- 16, "Form-Based Code Review," B.R.C. 1981. TABLE 8-1: INTENSITY STANDARDS . . . Footnotes: (a) This requirement may increase based on building height pursuant to Subsection 9-9-11(c), B.R.C. 1981. (b) For properties within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix MChapter 9-14, "Form-Based Code," the footnoted requirement is not applicable. Refer to Appendix MChapter 9-14, "Form-Based Code," for specific form, bulk, intensity, and outdoor space requirements. (c) This requirement may be modified pursuant to Section 9-2-14(h)(6)(C), B.R.C. 1981, for specified zoning districts. (d) Open space per lot in the RH-7 zoning district may be reduced from sixty percent to thirty percent of the lot as part of a site review if at least half of the open space provided meets the open space requirements of Subparagraph 9-9-11(e)(3), B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 23 Packet Page 72 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) Dwelling units per acre on a lot or parcel in the RMX-2 zoning district are limited to 10 dwelling units per acre. This limitation may be modified up to 20 dwelling units per acre pursuant to a site review. (f) Floor area ratio (FAR) in the RH-2 zoning district may be increased up to a maximum FAR of 1.07 in a site review. (g) FAR in the BT-1 zoning district may be increased up to a maximum FAR of 1.4 in a site review. (h) FAR in the BT-2 zoning district may be increased up to a maximum FAR of 0.9 in a site review.(-) No standard. (-) No standard. . . . Section 10. Section 9-8-2, “Floor Area Ratio Requirements,” B.R.C.1981, is amended as follows: 9-8-2. Floor Area Ratio Requirements. (a) Purpose: The purpose of the floor area ratio requirements is to limit the impacts of the use that result from increased building size. … TABLE 8-2: FLOOR AREA RATIO ADDITIONS … Footnotes: (a) FAR up to 1.85 if property is located in a general improvement district providing off-street parking. (b) The maximum additional FAR component is 1.0. FAR additional components may be combined, but shall not exceed the 1.0 maximum total floor are ratio limit. (c) See Subparagraph 9-2-14(h)(6)(B), B.R.C. 1981. (d) For properties located in an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix MChapter 9-14, "Form-Based Code," the floor area and floor area ratio (FAR) requirements do not apply. Refer to Appendix MChapter 9-14, "Form-Based Code," for specific form, bulk, intensity, and outdoor space requirements. (e) See Subsection 9-6-3(a)(2), B.R.C. 1981. (f) Floor area ratio (FAR) in the RH-2 zoning district may be increased up to a maximum FAR of 1.07 in a site review. (g) FAR in the BT-1 zoning district may be increased up to a maximum FAR of 1.4 in a site review. (h) FAR in the BC zoning districts may be increased up to a maximum FAR of 2.0 provided the lot or parcel is located within an area identified in Appendix N, "Business Community (BC) Areas Subject to Special Use Restrictions." (-) Not applicable. . . . Section 11. Section 9-9-22, “Trip Generation Requirements for the MU-4, RH-6 and RH- 7 Zoning Districts,” B.R.C. 1981 is amended as follows: 9-9-22. Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 24 Packet Page 73 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) Purpose. The purpose of this section is to provide the trip generation requirements for the MU-4, RH-6 and RH-7 zoning districts for developments that are not served by a general improvement district or other approved organization that provides transportation related services. Further, it is the purpose of this section to: (1) Provide approaches to mitigate the impacts of traffic generated by development and redevelopment. (2) Ensure that the amount of land used for parking is the minimum necessary to serve development in the area. (3) Provide opportunities for parking that is provided in a development to be used in an efficient manner during all times of the day or evening. (b) Scope. The applicant for any additional floor area for a property located in the MU-4, RH-6 and RH-7 zoning districts shall demonstrate that the development does not exceed the trip generation allowance standards of this section. The requirements of this section do not apply to development proposals within general improvement districts or other organizations that have service plans which include travel transportation demand management and parking management programs that have been approved by the city council to generally meet the objectives described in this section. (c) Property Trip Generation Allowance. The applicant for any development subject to the requirements of this section shall be required to demonstrate that fifty-five percent of thea certain percentage of trips generated by the development during the highest peak travel time shall will be by alternative modes or avoided, as specified below: (1) In all areas except the Alpine-Balsam and East Boulder areas identified in Appendix L, “Form-Based Code Areas,” B.R.C. 1981, at least fifty-five percent of the trips generated by the development shall be by alternative modes or avoided. (2) In the Alpine-Balsam form-based code area, at least 30 percent of the trips generated by the development shall be by alternative modes or avoided. (3) In the East Boulder form-based code areas, at least 30 percent of the trips generated by the development shall be by alternative modes or avoided. (4) Alternative modes areMade by a modes of transportation other than that is an alternative to single occupant motor-vehicle use and include, including, without limitation, walking, bicycling, carpooling, vanpooling, micromobility, or public transportation. (52) Trips are Aavoided through programs such as alternate work schedules, including telecommuting or compressed work week programs. … (e) Trip Reduction and Mitigation. The applicant shall demonstrate how it will generate fifty-five percent achieve the alternative mode use and trip reductionas describedrequired Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 25 Packet Page 74 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pursuant to in subsection (c) at the highest peak travel time through a travel transportation demand management plan. (f) Travel Transportation Demand Management Plan. A travel transportation demand management plan shall be submitted with all development applications that add a nonresidential use floor area or an additional dwelling unit that demonstrates compliance with the trip generation requirements. Any combination of the following methods may be incorporated into the travel transportation demand management plan to achieve the requirements of this section. (1) Parking management strategies. (2) Enhanced design and amenities. (3) Financial incentives. (4) Trip reduction and avoidance programs and policies. (5) Marketing and outreach. (g) Components of a Travel Transportation Demand Management Plan. An applicant may divide a travel transportation demand management plan into two components: (1) infrastructure and amenities; and (2) a travel transportatoin demand management operations program. As part of a development approval, the city manager will approve separate trip generation reductions attributable to each element of the travel transportation demand management plan. (1) Infrastructure and Amenities. The infrastructure and amenities component of the travel transportation demand management plan shall include all of the elements of the travel transportation demand management plan that require the construction of either private or public improvements. The improvements may include, without limitation, facilities such as showers and changing facilities, parking area design, amenities that support alternate mode use such as covered and secure bicycle parking or enhanced pedestrian, bicycle and transit access. Unless otherwise approved in the infrastructure and amenities plan, all public and private improvements shall be constructed prior to or concurrent with the construction of the buildings within the development. If construction of such improvements is to occur later, the applicant shall submit, subject to the review and approval of the city manager, an improvement construction phasing plan. The applicant shall demonstrate that phasing of the construction of improvements is necessary because such improvement cannot be effectively or efficiently utilized until a given level of development has been completed on the property. (2) Demand Management Operations Program. The demand management operations program shall be the plan that is used by the tenant or occupant of a development or a portion thereof. The demand management operations plan shall include those programs necessary to meet the trip reduction requirements of this section, including without limitation the following: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 26 Packet Page 75 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) Parking management strategies that may include unbundled parking, paid parking areas or carpool or vanpool preferred parking areas. (B) Active promotion of alternate modes through marketing and outreach programs to employees or residents. (C) Financial incentives for employees or residents to alternate modes such as public transit passes, subsidized transit or vanpool fares or a parking cash- out program. (D) Policies and programs including bicycle or carshare services, telework stations in residential buildings or telecommuting and compressed work week programs for employees. (E) A plan for monitoring the effectiveness of the travel transportation demand management plan that is submitted to the city manager on a biannual basis, using guidelines and performance measures developed by the city. The monitoring plan shall state whether the monitoring shall be done by the owner, occupant, tenant or other designated organization. (3) Sustainable Funding. The costs of a travel transportation demand management program shall be the responsibility of the owner, occupants, tenants or visitors to the development. The applicant shall be required to demonstrate how the facilities and programs will be initially funded and funded over time to ensure implementation and ongoing operation of the facilities and programs. (h) Monitoring and Evaluation. The owner of any property that has a travel transportation demand management plan shall be responsible for ensuring that the monitoring and evaluation component of the travel transportation demand management plan is completed as required by this section. Monitoring and evaluation data shall be submitted to the city manager on a biannual basis. The monitoring and evaluation data shall be in a form acceptable to the city manager and shall address the effectiveness of the approved travel transportation demand management plan in reaching the trip generation requirements of this section. If the monitoring data shows that the travel transportation demand management plan is not meeting the trip generation requirements of this section, the owner shall submit a revised travel transportation demand management plan that meets the requirements of this section within thirty days of a request by the city manager. … Section 12. A new Chapter 9-14, “Form-Based Code,” B.R.C. 1981, is added to read as follows: Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 27 Packet Page 76 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TITLE 9 Land Use Code Chapter 14 Form-Based Code GENERAL PROVISIONS 9-14-1. PURPOSE OF FORM-BASED CODE The purpose of this chapter is to establish building form and design requirements for development within the areas designated in Appendix L to Title 9, "Form-Based Code Areas," B.R.C. 1981. The requirements for these areas implement the desired development, including functional characteristics, form, design character and quality, as guided by the plans for each designated area and the Boulder Valley Comprehensive Plan. 9-14-2. FORM-BASED CODE REQUIREMENTS No person shall occupy, use, change the use of, alter or develop any building, structure or land within the areas shown in Appendix L, "Form-Based Code Areas," B.R.C. 1981, and subject to form-based code review pursuant to Section 9-2-16, "Form-Based Code Review," B.R.C. 1981, except in conformance with the requirements of this chapter unless modified through an exception under Subsection 9-2-16(i), B.R.C. 1981. (a) Specific Locations. The locations where form-based code standards apply are shown in Appendix L, "Form-Based Code Areas," B.R.C. 1981. 9-14-3. DESIGN GOALS FOR THE FORM-BASED CODE AREAS The requirements of this chapter are intended to accomplish the following objectives: (a) Character, Context, and Scale. Preserve or enhance the character, context, and scale planned for the area while supporting a more sustainable future by accommodating future residents, reducing dependence on single occupant vehicles, increasing energy efficiency, and promoting safe transportation options for pedestrians and bicycles. (b) Human-Scaled Building Design. Design to a human scale and create a safe and vibrant pedestrian experience. (c) Building Design Quality and Aesthetics. Design high-quality buildings that are compatible with the character of the area or the character established by adopted plans for the area through simple, proportional, and varied design, high quality and natural building materials that create a sense of permanence, and building detailing, materials and proportions. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 28 Packet Page 77 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) A Variety of Housing Types. Produce a variety of housing types, such as attached dwelling units, townhouses, live-work units, and duplexes , as well as a variety of lot sizes, number of bedrooms per unit, and sizes of units within the form-based code area. (e) Adaptable Buildings. Build adaptable buildings with flexible designs that allow changes in uses over time. (f) Provision of Outdoor Space. Provide outdoor space that is accessible and close to buildings. Active and passive recreation areas will be designed to meet the needs of anticipated residents, occupants, employees, and visitors to the property. (g) Support of Multi-Modal Mobility. Provide safe and convenient multi-modal connections and promote alternatives to the single occupant vehicle. Connections shall be accessible to the public within the project and between the project and the existing and proposed transportation systems, including, without limitation, streets, bikeways, paseos, and multi-use paths. 9-14-4. ORGANIZATION AND SCOPE This section describes how this chapter is organized to provide the user with some guidance using this chapter and it addresses the scope of its application. (a) Organization. This chapter is organized into the following sections: (1) Sections 9-14-1 through 9-14-8: General Provisions. The general provisions include a purpose statement for the form-based code, a description of where the requirements for the form-based code apply, a description of this chapter's organization and scope, the regulating plans for each form-based code area, and definitions that apply to the terms of this chapter. (2) Sections 9-14-9 through 9-14-13: Site Design. These sections establish general site design and minimum outdoor space requirements, applicable to all form- based code areas, unless otherwise specified. Outdoor space types are established to guide the design of common outdoor spaces. (3) Sections 9-14-14- through 9-14-26: Building Types. These sections establish a variety of building types and building form, design, location, and use requirements applicable to each building type. The regulating plans determine which building type may be used on a particular site. (4) Sections 9-14-27- through 9-14-33: Building Design. These sections establish general building design requirements that are applicable to all of the building types, unless otherwise stated. (b) Scope. The requirements of this chapter supplement those imposed on the same lands by underlying zoning provisions and generally applicable development standards of this title Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 29 Packet Page 78 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and other ordinances of the city. If there is a conflict between the requirements of this chapter and Title 9, "Land Use Code," B.R.C. 1981, the standards of this section control. The following describes how specific requirements of this title relate to requirements of this chapter: (1) Chapter 9-6: Use Standards. Chapter 9-6, "Use Standards," B.R.C. 1981, regulates uses which are permitted, conditionally permitted, prohibited, or which may be permitted through use review. Additional use standards may be established in this chapter. (2) Chapter 9-7: Form and Bulk Standards. This chapter supersedes the standards in Chapter 9-7, "Form and Bulk Standards," B.R.C. 1981, with the exception of Sections 9-7-3, "Setback Encroachments," 9-7-5, "Building Heights," and 9-7-7, "Building Heights, Appurtenances," B.R.C. 1981. Building height shall be measured in accordance with the requirements of Section 9-7-5, B.R.C. 1981. (3) Chapter 9-8: Intensity Standards. This chapter supersedes the standards in Chapter 9-8, "Intensity Standards," B.R.C. 1981, with the exception of Sections 9- 8-5, "Occupancy of Dwelling Units," 9-8-6, "Occupancy Equivalencies for Group Residences," and 9-8-7, "Density and Occupancy of Efficiency Living Units," B.R.C. 1981. (4) Chapter 9-9: Development Standards. Chapter 9-9, "Development Standards," B.R.C. 1981, applies to developments that are regulated by this chapter as follows: (5) Applicable Sections. The following sections of Chapter 9-9, "Development Standards, " B.R.C. 1981, are applicable: (A) 9-9-1. Intent. (B) 9-9-2. General Provisions. (C) 9-9-4. Public Improvements. (D) 9-9-5. Site Access Control, in addition to the access location requirements in Section 9-14-11(a) "Driveways," B.R.C. 1981. (E) 9-9-6. Parking Standards. (F) 9-9-7. Sight Triangles. (G) 9-9-8. Reservations, Dedication, and Improvement of Right-of-way. (H) 9-9-9. Loading, except as specifically allowed in the site access requirements in Subsection 9-14-11(a) and the loading requirements in Subsection 9-14-14(l), B.R.C. 1981. (I) 9-9-10. Easements. (J) 9-9-12. Landscape and Screening Standards. (K) 9-9-13. Streetscape Design Standards, in addition to the requirements established in 9-14-10. Streetscape and Paseo Design Requirements. (L) 9-9-14. Parking Lot Landscape Standards. (M) 9-9-15. Fences and Walls. (N) 9-9-16. Lighting, Outdoor. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 30 Packet Page 79 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (O) 9-9-17. Solar Access. (P) 9-9-18. Trash Storage and Recycling Areas, in addition to the requirements established in 9-14-14(j). Trash & Recycling Areas. (Q) 9-9-19. Swimming Pools, Spas, and Hot Tubs. (R) 9-9-20. Addressing. (S) 9-9-21. Signs. (T) 9-9-22. Trip Generation Requirements for the MU-4, RH-6, and RH-7 Zoning Districts. (6) Superseded Sections. The following sections of Chapter 9-9, "Development Standards," B.R.C. 1981, are superseded by this chapter: (A) 9-9-3, Building Design, is superseded by this chapter. (B) 9-9-11, Useable Open Space, is superseded by the requirements of this chapter. (c) Other Sections and Ordinances. The Boulder Revised Code and other ordinances of the city are applicable unless expressly waived or modified in this chapter. If there is a conflict between the requirements of this chapter and other portions of the Boulder Revised Code other than Title 9, "Land Use Code," B.R.C. 1981, the most restrictive standards shall control. 9-14-5. EXISTING STRUCTURES AND USES NOT CONFORMING WITH THIS CHAPTER (a) Purpose. Adoption of the requirements of this chapter will create buildings, structures, and uses that were legally established but do not conform to the requirements of this chapter. The purpose of this section is to allow these preexisting buildings, structures, and uses to be continued and, to some extent, changed and upgraded without requiring their elimination and to establish when modifications and expansions of existing buildings have to comply with form-based code standards. (b) Scope. The provisions of this section apply to buildings, structures, and uses that were legally established pursuant to a building permit or development approval granted under the standards applicable prior to the effective date1 of the ordinance first adopting form- based code standards for the area the building is located in, except that this section does not apply to properties that are subject to a valid site review or planned unit development. The buildings, structures, and uses subject to this section may be continued, restored, modified, or expanded in compliance with the standards of this title that would apply if 1 The effective date of the ordinance first adopting the form‐based code for the Boulder Junction Phase I area is July 21, 2016 (Ordinance 8121), for the Alpine – Balsam area is November 11, 2021 (Ordinance 8484), and for the East Boulder area is _____, 2025 (Ordinance 8669). Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 31 Packet Page 80 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the area was not identified in Appendix L, except as otherwise set forth in subsection (c) and (d) of this section. (c) No New Site Review. Modifications and expansions to existing buildings, structures, and uses not already subject to a valid site review or planned unit development approval and subject to this section are not eligible for a review under Section 9-2-14, “Site Review,” B.R.C. 1981. (d) Expansions and Modifications to Existing Structures That Must Comply with Form-Based Code Standards. The following modifications and expansions to existing buildings and structures subject to this section must meet form-based code standards as set forth below: (1) Expansions of More Than 60 Percent of Floor Area. Any expansion that adds more than sixty percent to the floor area existing at the time of the effective date1 of the ordinance first adopting form-based code standards for the area the building is located in or otherwise legally constructed under standards in effect prior to said effective date1 shall meet the requirements of this chapter. For the purposes of calculating the amount of floor area being added, all floor area added in the five years preceding the building permit application shall be included except for floor area that was legally added pursuant to a building permit or development approval granted under the standards applicable prior to the effective date of the ordinance first adopting form-based code standards for the area. (2) New Facade Due to Expansion. Any facade being added or replaced due to expansion of floor area must meet the applicable height, façade, and base requirements found in the applicable building type table and the applicable building design requirements of sections 9-14-27 through 9-14-33 of this chapter. (3) Replacement of More Than 60 Percent of Existing Facade. If a façade that is located within the frontage setback established for said façade under this chapter is modified so as to completely replace more than sixty percent of the existing façade, calculated cumulatively across the facade, the entire façade must meet the applicable façade and base requirements found in the applicable building type table and the applicable building design requirements of sections 9-14-27 through 9-14-33 of this chapter. (4) Replacement of More Than 60 Percent of Roof Structure. If more than sixty percent of the structure of the roof is changed and more than thirty percent of the façade is within the frontage setback of the applicable building type, the cap type requirements of the applicable building type must be met. (e) Damage by Fire, Flood, Wind or Other Calamity or Act of God and Unsafe Buildings. Notwithstanding the provisions of section, a building, structure, or use that was legally established pursuant to a building permit or development approval granted under standards applicable prior to the currently applicable standards, may be restored to its original condition, or any building declared unsafe under the building code or any Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 32 Packet Page 81 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other applicable safety or health code may be restored to a safe condition, provided that such work is consistent with the requirements of Section 9-3-3, “Regulations Governing the One-Hundred-Year Floodplain,” B.R.C. 1981, started within twelve months of such event, and completed within twenty-four months of the date on which the restoration commence. 9-14-6. REGULATING PLANS No person shall construct, develop, use or occupy a property located in the area designated in Appendix L, "Form-Based Code Areas," except in conformance with Title 9, "Land Use Code," B.R.C. 1981, this chapter, and the regulating plan that applies to such property, except as otherwise specified in this chapter. (a) Boulder Junction Phase I Regulating Plan. Within the Regulating Plan: Boulder Junction Phase I, as shown on Figure 14-1, the following standards apply: (1) Transportation Connections. The arrangement, type, character, extent, and location of streets, alleys, paseos, paths, and other transportation connections shall conform to the regulating plans shown in Figure 14-1 and the Transit Village Area Plan. (2) Required Building Types. The building shall be of the building type shown for the property in Figure 14-1 or the civic building type meeting the requirements of Section 9-1421, "Civic Building Type," B.R.C. 1981. (3) Location Based Height Limits. No building shall exceed the maximum height and number of stories established for specific locations by Figure 14-1 and Figure 14-7. These location-based maximum height and story limitations supersede the maximum height and number of stories established in this chapter for the applicable building type. (4) Required Residential. Developments that include general, main street, or row type buildings with a total combined floor area exceeding 15,000 square feet shall include a minimum of fifty percent of residential floor area. (5) Required Shopfront Base. Buildings shall meet the requirements of the shopfront base in the locations shown on Figure 14-1 . (6) Type A and Type B Streets. Type A and B street designations establish design standards for how a building must address the street and regulate access to the property; all buildings shall meet the standards applicable to the types of street frontages shown for the property in Figure 14-1 and Figure 14-7. (See building type regulations and Section 9-14-14, "Requirements Applicable to All Building Types," B.R.C. 1981.) Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 33 Packet Page 82 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (7) Required Outdoor Space Locations. Outdoor space shall be provided in the locations shown in Figure 14-1. The required outdoor space must meet the standards of Section 9-14-12, "Outdoor Space Requirements," B.R.C. 1981. (8) Terminated Vistas. When a street terminates or curves on a property as designated on Figure 14-1 or Figure 14-7, the site design or building shall include a feature to terminate the view from the street consistent with the standards in Subsection 9-14-14(i), “Terminated Vistas,” B.R.C. 1981. Figure 14-1. Regulating Plan: Boulder Junction Phase I (b) Alpine-Balsam Regulating Plan. Within the Regulating Plan: Alpine-Balsam, as shown on Figure 14-2, the following standards apply: (1) Transportation Connections. The arrangement, type, character, extent, and location of streets, alleys, paseos, multi-use paths, and other transportation connections shall conform to the regulating plans shown in Figure 14-2 and the Alpine-Balsam Area Plan. (2) Required Building Types. The building shall be of the building type shown for the property in Figure 14-2. (3) Location-Based Height Limits. No buildings shall exceed the maximum height and number of stories established for specific locations by Figure 14-2. These Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 34 Packet Page 83 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 location-based maximum height and story limitations supersede the maximum height and number of stories established in this chapter for the applicable building type. (4) Required Residential Mix. The area designated general mix 2 shall include at least two row buildings, and at least twelve dwelling units shall be included in row buildings. (5) Required Storefront. Buildings shall have storefronts in the locations shown on Figure 9-14 (2) along the Broadway frontage, turning the corners of the building and extending west a minimum of thirty feet along the paseos. (6) Type A and Type B Streets. Type A and B street designations establish design standards for how a building shall address the street and regulate access to the property; all buildings shall meet the standards application to the types of street frontages shown for the property in Figure 14-2. (See building type regulations and Section 9-14-14, "Requirements Applicable to all Building Types," B.R.C. 1981. (7) Required Outdoor Space Locations. Outdoor space shall be provided in the locations shown in Figure 14-2. The required outdoor space shall be of the type specified in Figure 14-2 or, if no type is specified in Figure 14-2, meet the standards of Section 9-14-12 "Outdoor Space Requirements," B.R.C. 1981. Figure 14-2. Regulating Plan: Alpine-Balsam Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 35 Packet Page 84 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) East Boulder Regulating Plans. Within the regulating plans for East Boulder, as shown on Figures 14-3 through 14-6, the following standards apply: (1) Transportation Connections. The arrangement, type, character, extent, and location of streets, alleys, paseos, multi-use paths, and other transportation connections shall conform to the regulating plans shown in Figures 14-3 through 14-6 and the East Boulder Subcommunity Plan. (2) Mid-Block Pathway. Developments with two opposite frontages of more than 450 feet of street, park, or multi-use path frontage that is uninterrupted by a perpendicular street shall provide a mid-block pathway consistent with Subsection 9-14-11(e), “Mid-Block Pathways,” B.R.C 1981. (3) Required Building Types. The building shall be of the building type shown for the property in the applicable regulating plan in Figures 14-3 through 14-6. (4) Required Residential. Developments that add general or row building types with a total combined new floor area of 35,000 square feet or more must include a minimum of fifty percent of residential floor area. (A) Exception. The approving authority may approve an exception to the residential floor area requirement of this subparagraph for properties in the IG and IM zoning districts if the applicant demonstrates that: (i) A residential use would be affected by adverse health or safety impacts associated with on-site pollution or contamination beyond that which is customarily acceptable for land that is used for residential purposes and that such impacts cannot be adequately alleviated through mitigation measures, or (ii) Potential negative impacts from neighboring properties on the residential use cannot be reasonably mitigated. The applicant shall provide an environmental assessment and an analysis of identified potential health and safety impacts or an assessment and analysis of potential negative impacts from neighboring properties, as applicable, including potential mitigation measures. (B) Review Process. Residential uses in the IG, IM, and BC zoning districts required pursuant to this paragraph (4) are permitted by right, do not require a use review, as otherwise required under Chapter 9-6, “Use Standards,” B.R.C. 1981, and are not required to meet the specific use standards of Paragraph 9-6-3(a)(2), “Residential Uses in The IG and IM Zoning Districts,” and Subsection 9-6-2(c),”Specific Use Standards that Apply to Several Use Types,” B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 36 Packet Page 85 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) Required Production Business Space. Developments that include general or workshop type buildings with a total combined floor area exceeding 15,000 square feet shall include a minimum of ten percent of the ground story floor area of the general and workshop buildings for production business spaces. (A) Floor Area Calculation. When calculating the total combined floor area under this paragraph (5) to determine whether production business space is required, automobile parking and access thereto shall not be considered floor area. (B) Ground Sory Floor Area Calculation. When calculating the required minimum ten percent of ground story floor area under this paragraph (5), ground story residential floor area shall not be considered when determining the total combined ground story floor area. (C) Production Business Space Standards. The production business space in the development shall meet the following standards: (i) The space shall meet the requirements of either the service base set forth in Section 9-14-24, “Service Base,” B.R.C. 1981, or the shopfront base set forth in Section 9-14-22, “Shopfront Base,” B.R.C. 1981, and shall be located consistent with the applicable regulating plan in Figures 14-3 through 14-6. (ii) Production business space shall be between 500 square feet and up to 5,000 square feet in size and provided in a variety of sizes, totaling the required ten percent of ground floor area, and shall be available to be separately leased or purchased. (iii) Any use within the following use classification, category, or type is prohibited within the production business space: a. Use classifications: 1. Residential uses 2. Public and institutional uses b. Use categories: 1. Retail sales uses 2. Vehicle-related uses, except the service of vehicles use type 3. Storage, distribution, wholesaling uses, except the wholesale business use type 4. Industrial services uses c. Use types: 1. Hostel Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 37 Packet Page 86 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Hotel and motel 3. Restaurant, brewpub, and tavern 4. Medical office 5. Office 6. Financial institution (6) Location-Based Maximum Building Height. No building shall exceed the maximum height and number of stories established for specific locations in Figure 14-3 through Figure 14-6. These location-based maximum height and story limitations supersede the maximum height and number of stories established in this chapter for allowed building types in the location. (7) Required Shopfront Base. Buildings shall use the shopfront base in the locations shown on Figure 14-3 through Figure 14-6, turning the corners of the building and extending a minimum of thirty feet around the corner of the building along any street, paseo, multi-use path, or outdoor space frontage. Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. (8) Type A, Type B, and Type C Streets. Type A, B, and C street designations establish design standards for how a building shall address the street and regulate access to the property; all buildings shall meet the standards applicable to the types of street frontages shown for the property in Figure 14-3 through Figure 14- 6. (See building type requirements and Section 9-14-14, “Requirements Applicable to All Building Types,” B.R.C. 1981.) (9) Valmont City Park Frontage. Portions of any building facade fronting on Valmont City Park shall meet the Type A frontage requirements. (10) Large Site Requirements. Any development that occupies four or more acres shall meet the large site development standards in Section 9-14-13, B.R.C. 1981. (A) All contiguous lots or parcels under common ownership or control, not subject to a planned development, planned residential development, planned unit development, site review or form-based code approval, shall be considered as part of the development for purposes of determining whether the large site development standards apply and shall be part of the development subject to the application. (11) Terminated Vistas. When a street terminates or curves on a property as designated on the applicable regulating plan in Figure 14-3 through Figure 14-6, the site design or building shall include a feature to terminate the view from the street or path consistent with the standards in Subsection 9-14-14(i), B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 38 Packet Page 87 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-3. Regulating Plan: East Boulder – 55th and Arapahoe Station Area Figure 14-4. Regulating Plan: East Boulder - Valmont Park West Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 39 Packet Page 88 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-5. Regulating Plan: East Boulder - Valmont Park East Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 40 Packet Page 89 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-6. Regulating Plan: East Boulder – Flatiron Business Park Figure 14-7. Regulating Plan Inset: SE Corner of Boulder Junction Phase I 9-14-7. VIEW CORRIDORS (a) Purpose. Projects should be designed to protect important public view corridors. The purpose of this section is to identify and preserve within the built environment view corridors of identified features when viewed from the public locations described in this section. (b) Boulder Junction Phase I. The view corridors identified in Figure 14-7 and Figure 14-8 shall be preserved consistent with the requirements of this section. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 41 Packet Page 90 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-8. View Corridors to Retain (1) View Corridors. The following views are intended to be preserved: (A) From the southernmost point of the Depot Square bridge through the site to the Flatirons and west to tops of mountains as shown in yellow in Figure 914-8. The view corridor shall preserve the complete view of all five Flatirons when viewed from the identified location. (B) From Junction Place north of the Depot Square bridge, south to the old Depot Building in Depot Square as shown in light blue in Figure 14-8. The view corridor shall preserve the view of the entire Depot Building when viewed from the identified location. (C) From the north side of Goose Creek at approximately the intersection between the north-south multi-use path and the east-west enhanced paseo, to the old Depot Building in Depot Square as shown in light blue in Figure 14-8. The view corridor shall preserve the view of the entire Depot Building when viewed from the identified location. (2) Height Limitations. Building heights shall be limited on the sites affected by the view corridors pursuant to the following standards: (A) The maximum number of stories shall not exceed the number of stories shown for a particular location in Figure 14-7. (Refer to the building types requirements for floor-to-floor heights requirements for stories.) (B) Roof top mechanical equipment, utilities, and appurtenances shall not be located within the view corridors. (C) Roof decks are permitted on all roofs provided they do not exceed any overall building height limitations and do not inhibit the views established by the view corridors. Roof deck structures are to be included in building modeling. (3) Specific Location. The specific location of the horizontal limits of the view corridors established in paragraph (1) of this subsection shall be established by the reviewing authority based on a view corridor analysis so as to preserve the views described in paragraph (b)(1) of this section. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 42 Packet Page 91 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-9. Example Documentation of Preserved Views from Junction Place Bridge 9-14-8. DEFINITIONS The definitions in Chapter 1-2, "Definitions," and Chapter 9-16, "Definitions, B.R.C. 1981, apply to this chapter unless a term is defined different in this chapter or the context clearly indicates otherwise. For the purposes of this chapter, the following terms shall have the following meanings: (a) Balcony. Balcony means a platform that projects from a facade of a building above grade and is enclosed by a parapet or railing but excludes false balconies False balconies consist of a rail and door, and any outdoor platform less than eighteen inches in depth. (b) Courtyard. A courtyard means any street-level area that is generally enclosed by a building or multiple buildings on three sides, is open to the sky, and includes landscape and pedestrian pathways, and may include patio, terrace, or deck space. Sides may be enclosed by buildings on abutting lots or lots across a street. (c) Expression Line. Expression line means an architectural feature consisting of a decorative, three-dimensional, linear element, horizontal or vertical, protruding or recessed at least two inches from the exterior facade of a building. Vertical elements may include a column, pilaster, or other vertical ornamentation. Horizontal elements may include a cornice, belt course, molding, string courses, canopy, balcony, or other horizontal ornamentation and projections. Expression lines are typically utilized to delineate the top or bottom of floors or stories of a building or divide a facade into smaller sections. Expression lines are also subject to the following: (1) Expression lines must extend continuously the full length of the facade. Breaks may occur in the expression line provided that they are no more than two feet in length and the cumulative length of the breaks does not exceed twenty percent of the facade length. (2) The minimum protrusion or recession of an expression line in brick masonry may be achieved through the use of up to three consecutively vertically stacked bricks that are corbeled or racked. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 43 Packet Page 92 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-10. Minimum and Maximum Frontage Setback Lines Figure 14-11. Facade Definition (d) Facade. Facade means the exterior walls of a building exposed to public view and includes walls as shown in Figure 14-11. Facade Definition. (e) Frontage Setback. Frontage setback means a minimum and maximum setback and is the area in which the facade of a building shall be placed; it may or may not be located directly adjacent to a lot line. The frontage setback dictates the minimum and maximum distance a structure may be placed from a lot or parcel line, easement, or outdoor space in accordance with the measurement requirements of Subsection 9-14-2(b), Frontage Setback,” B.R.C. 1981. Refer to Figure 14-10. Minimum and Maximum Frontage Setback Lines, and Figure 14-11. Facade Definition. (f) Impervious Site Coverage. Impervious site coverage means the percentage of a lot or parcel developed with principal or accessory structures and other surfaces that prevent Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 44 Packet Page 93 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the absorption of stormwater into the ground, including without limitation, driveways, sidewalks, and patios. (g) Major Material. Major material means a façade material meeting the standards for major materials established in Section 9-14-28 "Façade Materials," B.R.C. 1981. (h) Minor Material. Minor material means a façade material meeting the standards for minor materials established in Section 9-14-28, "Façade Materials," B.R.C. 1981. (i) Mobility Hub. Mobility hub means a designated, easily accessible outdoor space where people can access and transfer between multiple transportation modes, such as public transit, bike share, ride-share, taxis, and micromobility devices. (j) Occupied Building Space. Occupied building space means interior building spaces regularly occupied by the building users. It does not include storage areas, utility space, vehicle service areas, parking, or other uninhabitable spaces. (k) Parking Yard. Parking yard means an area extending from the rear building facade to the rear property line between the side yards or, on a corner property, between the street adjacent side and side yards. Parking yards are fully screened from Type A frontages by the building and do not extend to any side lot line or street lot line. (l) Paseo. Paseo means a path designed for use by pedestrians and by vehicles that may generally be operated on a sidewalk in the city. The paseo is located mid-block, allowing pedestrian movement through the block from one street to another without traveling along the block's perimeter. (m) Permeable Surface. Permeable surface means a surface that allows water and air to permeate through it, for example, soil or a semi-pervious material. (n) Porch. Porch means a roofed, raised structure at the entrance to the building, providing a transition between the interior of the building and the exterior yard or adjacent sidewalk. Refer to Figure 14-12. Example of a Porch. (o) Public Way. Public way means streets, paseos, and multi-use paths, but not alleys. (p) Semi-Pervious Surface or Material. Semi-pervious surface or material means a material such as pervious pavers, permeable asphalt and concrete, or a green roof that allows for absorption of water into the ground or roof. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 45 Packet Page 94 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-12. Example of a Porch Figure 14-13. Example of a Stoop (q) Stoop. Stoop means an elevated or at grade platform entranceway at the door to a building, providing a transition between the interior of the building and the sidewalk outside the building. A stoop may be covered by a canopy or awning. Refer to Figure 14- 13. Example of a Stoop. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 46 Packet Page 95 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (r) Story, Ground. Ground story means the first floor of a building that is level to or elevated above the finished grade on the front and corner facades. The ground story excludes basements or cellars. Refer to Section 9-16-1, "General Definitions," B.R.C. 1981, for a definition for basement. (s) Story, Half. Half story means either a story in the base of the building, partially below grade and partially above grade, or a story fully within the roof structure with windows or doors facing the street. (t) Story, Upper. Upper story means a story located one story or more above the ground story of a building. (u) Streetwall. Streetwall means the portion of the building façade that is located generally parallel to and facing the street right-of-way line. Refer to definition of facade. (v) Street Yard. Street yard means any yard located between the principal building and a street right-of-way. (w) Transparency. Transparency means the measurement of the percentage of a facade that has highly transparent, low reflectance windows with (1) on a storefront base, a minimum sixty percent transmittance factor and a reflectance factor of not greater than 0.25, and (2) on any façade other than a storefront base, a minimum fifty percent transmittance factor and a reflectance factor of not greater than 0.25. (x) Type A Frontage. Type A frontage means a frontage along a Type A street or other feature as defined in this chapter that receives priority over other frontages in terms of locating principal entrances, prioritizing facade design elements, and incorporating design requirements associated with pedestrian orientation. (y) Type A Street. Type A street means a street designated on the regulating plan that receives priority over other streets in terms of setting front lot lines and locating building entrances. (z) Type B Frontage. Type B frontage means a frontage along a Type B street or other feature as defined in this chapter that allows for a lower level of facade treatment as well as permits limited locations for garage and parking lot driveway entrances. (aa) Type B Street. Type B street means a street designated on the regulating plan that receives lower priority than Type A street in terms of building frontage and facade requirements; it allows for a lower level of facade treatment as well as permits locations for garage and parking lot driveways entrances. (ab) Type C Frontage. Type C frontage means a frontage along a Type C street or other feature as defined in this chapter that allows for a lower level of façade treatment as well Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 47 Packet Page 96 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as typically permits limited locations for multiple garage and parking lot driveway entrances. (ac) Type C Street. Type C street means a street designated on the regulating plan that receives lower priority than Type A and Type B street in terms of building frontage and facade requirements. (ad) Visible Basement. Visible basement means a half story partially below grade and partially exposed above. (ae) Yard Definition. Yard is defined in Section 9-16-1, “General Definitions,” B.R.C. 1981. For the purposes of this chapter, the following standards shall supplement and, where inconsistent, supersede the definition of Section 9-16-1, B.R.C. 1981: (1) Side and Rear Yards. On a property located in an area designated in Appendix L, “Form-Based Code Areas,” only yards not abutting a Type A, B, or C frontage as designated on the regulating plan are considered side or rear yards. (2) Front Yards, Side Adjacent Street Yards, and Side Equals Front Yards. Front yards, side adjacent street yards, and side equals front yards are regulated through the designation of Type A, Type B, and Type C frontages on the regulating plan. SITE DESIGN 9-14-9. RIGHTS-OF-WAY The arrangement, type, character, extent, and location of all rights-of-way shall conform to the requirements of Section 9-14-6, "Regulating Plans," and Section 9-9-8, "Reservations, Dedication, and Improvement of Rights-of-Way," B.R.C. 1981, unless modified in accordance with this section. (a) Amendments. Amendments to the location of rights-of-ways and addition to or deletion of rights-of-ways shown in the connections plan of the applicable area or subcommunity plan or the regulating plan may be approved pursuant to the process and criteria established in the applicable area or subcommunity plan for amendments to such plans. A request for such an amendment may be processed in conjunction with a form-based code review under Section 9-2-16, "Form-Based Code Review," B.R.C. 1981. 9-14-10. STREETSCAPE AND PASEO DESIGN REQUIREMENTS (a) General Requirements. In addition to the requirements of the Boulder Revised Code and the City of Boulder Design and Construction Standards, the streetscape of all new and existing streets, and the design of all paseos and enhanced paseos shall meet the standards of this section. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 48 Packet Page 97 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Conformance to Plans. The streetscape and paseos shall be designed and completed consistent with the streetscape guidelines of the connections plan of the applicable area or subcommunity plan. (2) Compatible Design. The design, including but not limited to paving patterns, seating areas, and bulb-outs, of all street frontages and paseos within the development shall be compatible in character. (3) Additional Design Requirements. The streetscape and paseo design shall meet the following standards: (A) Bulb-outs. To shorten pedestrian crossings, pedestrian bulb-outs shall be installed at each end of any pedestrian crossing located at an intersection except in locations where the city manager determines that the street design would not adequately accommodate the turning movements of emergency vehicles. (B) Sight Triangle Area. The requirements of Section 9-9-7, "Sight Triangle," B.R.C. 1981, shall be complied with. (i) Alternative Method of Compliance. The approving authority may approve an alternative design to the sight triangle requirements of Section 9-9-7, "Sight Triangle," B.R.C. 1981, if the applicant demonstrates that accepted engineering practice would indicate that a modified visibility distance, either greater or lesser, would be acceptable or necessary for the safety of pedestrians, motorists, and bicyclists. (C) Street Furnishings. At least two benches and one trash receptacle shall be installed in each block of a street in either the streetscape or street yard. (D) Permeable Surface Area for Trees. For each tree planted, permeable surface area shall be provided meeting the minimum size requirements established in Table 14-1. Permeable surface means the ground surface above the tree’s critical root area that allows water and air to penetrate down to the roots. (i) Per Tree. Permeable area for one tree shall not count towards that of another tree. (ii) Suspended Pavement System. When the required permeable surface area of a tree extends below any non-permeable hardscape, a modular suspended pavement system (Silva Cells, Root Space, or an approved equivalent) shall be used below that hardscape to ensure root growth and access to air and water. Table 14-1. Minimum Required Permeable Surface Area Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 49 Packet Page 98 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TREE SIZE ESTIMATED MATURE CANOPY SIZE MINIMUM REQUIRED PERMEABLE SURFACE AREA Small 300 sq. ft. 120 sq. ft. (e.g. 4 ft. x 30 ft.) Medium 700 sq. ft. 240 sq. ft. (e.g. 8 ft. x 30 ft.) Large 1,000 sq. ft. 400 sq. ft. (e.g. 8 ft. x 50 ft.) (b) Paseos. Paseos shall be designed consistent with the following: (1) General Paseo Design Requirements. Paseos shall be designed to meet the standards of Table14-2. Table of Paseo Design Requirements. (2) Paseo Surface Design. Comprehensively designed paving patterns and materials shall be utilized for the entire length of the paseo. Designs may include intentional changes to material, color, and pattern to distinguish different functional areas. (3) Maintenance. Paseos shall be maintained by the property owner in good repair and safe and unobstructed condition. Any repairs or replacements to the paseo must be consistent with the form-based code review approval. (A) If the city manager finds that any portion of a paseo does not meet this standard, the manager may require that the owner of the paseo or underlying property repair or replace the non-complying portion to bring it into conformity with city standards. (B) If the city manager determines to proceed under paragraph (A) of this section, the manager shall notify the property owner of the duty to repair or replace and that such owner has thirty days from the date of the notice to commence such repair or replacement and has sixty days from the date of the notice to complete such repair or replacement. The manager may extend the time limit if weather would impede the work. Notice under this section is sufficient if it is mailed first class to the address of the last known owner of property on the records of the Boulder County Assessor, or hand-delivered to an owner. (C) If the property owner fails to commence or complete repair or replacement as required by the notice prescribed by paragraph (B) of this section, the manager may perform the repair or replacement and charge the costs Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 50 Packet Page 99 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thereof, plus up to fifteen percent for administrative costs, to the property owner. (D) If any person fails or refuses to pay when due any charge imposed under this section, including any agreed charge, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981. Table 14-2. Table of Paseo Design Requirements DESIGN STANDARDS NARROW PASEO WIDE PASEO ENHANCED PASEO I ENHANCED PASEO II Minimum Width of Paseo 9 feet 20 feet 25 feet 35 feet Minimum Width of Public Access Easement 6 feet 6 feet 10 feet 20 feet minimum Elements within public access easement All elements in the public access easement must receive approval as part of a revocable permit or lease, as applicable. Doors shall be recessed and shall not open into the public access easement. Minimum Width of Pedestrian Travel Way 6 feet 6 feet 10 feet 10 feet Surface Treatment of Pedestrian Travel Way Brick and pavers, permeable interlocking concrete pavers, Buff or gray concrete with decorative scoring pattern. Brick and pavers shall constitute at least 30% of the surface treatment. See Figure 14-14. Images of Paseo Surface Treatment. Minimum distance between Pedestrian Travel Way and Adjacent Buildings 18 inches 18 inches 18 inches 18 inches Minimum Slope between Pedestrian Travel Way and Adjacent Buildings 2% 2% 2% 2% Minimum dimensions for adjacent outdoor seating areas 6 feet by 6 feet 6 feet by 6 feet 5 feet by 10 feet 3 feet by 5 feet Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 51 Packet Page 100 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Outdoor Lighting Pedestrian-scaled, wall mounted lighting at intervals of no less than 15 feet on center; catenary lighting between buildings or above outdoor seating areas and building entries. Pedestrian scaled pole mounted lighting except in narrow paseo. Special Design Requirements See paragraph 9-14-10(b)(6) for special design requirements for each paseo. Figure 14-14. Images of Paseo Surface Treatment Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 52 Packet Page 101 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-15. Paseo Illustrations Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 53 Packet Page 102 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) Outdoor Lighting. The city manager may waive lighting standards under Subsection 9-9-16(g), "Outdoor Lighting," B.R.C. 1981, to allow catenary lighting between buildings and over paseos for bulbs greater than seven watts and no greater than eleven watts. (5) Fire Access. Where required by the City of Boulder Fire Code or City of Boulder Design and Construction Standards, the easement and travel way may be expanded to accommodate the fire truck access, where required. All other elements required must be included in the paseo design. (6) Special Design Requirements. Refer to Figure 14-15 for paseo illustrations. (A) Narrow Paseo. (i) Narrow paseos shall be open to the sky. At least one of the buildings along a paseo shall be two stories or less along the paseo or the third and higher stories shall be set back a minimum of fifteen feet from the paseo. (ii) Narrow paseos shall be designed to include landscaping in decorative pots and planters where sufficient space exists between the pedestrian travel path and the buildings. (B) Wide Paseo. (i) Wide paseos shall be open to the sky with the exception of canopies and trellises. (ii) Wide Paseos shall be designed to include art, such as a sculpture or mural. (iii) Wide paseos shall include a mix of hardscaping and landscaping; no less than twenty-five percent of the paseo shall be landscaped, evenly distributed for the length of the paseo. Planters shall be at least six feet and no more than eleven feet wide and at least six feet, but no more than twenty feet long. Planters may be longer than twenty feet where not adjacent to a patio. Planting over underground parking structures shall be accommodated in recessed, extensive green roof planters and/or full depth vaults and shall not project above the grade of the adjacent paseo. Ornamental or columnar trees adapted to the low light conditions of the paseo shall be planted where possible, at a distribution of no less than one per every fifty linear feet. (C) Enhanced Paseo I and II. (i) Where a transitioning of grades occurs in an enhanced paseo I or II, the grades shall transition with terraced retaining walls of a Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 54 Packet Page 103 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 height not to exceed thirty-six inches; if the walls are intended for seating, their height shall not exceed twenty-four inches. (ii) Enhanced paseos I and II shall include a mix of hardscaping and landscaping; all areas other than pedestrian travel ways, seating areas, and entranceways to buildings must be landscaped. (iii) In East Boulder, the width of the enhanced paseo I along the Goose Creek frontage shall be measured from the outer northern edge of the ditch easement. The approving authority may approve a different configuration if the applicant is able to obtain ditch company approvals for the incorporation of the North Boulder Farmer’s Ditch and associated easement area into the paseo design. (iv) In East Boulder, the enhanced paseo I along the Goose Creek frontage is designated as Type C, allowing a service base consistent with the service base requirements in Section 9-14-24, B.R.C. 1981. Garage access for motor vehicles may not be located on a paseo. 9-14-11. SITE DESIGN REQUIREMENTS (a) Site Access. Site access locations shall be consistent with Section 9-9-5, "Site Access Control," B.R.C. 1981, except as modified below: (1) Frontage Hierarchy. For the purposes of this chapter and determining site access, Type C frontages are lower category streets than Type B frontages, and Type B frontages are lower category streets than Type A frontages. (2) Service Base Access. Multiple access points will be allowed on a lot or parcel to serve a building with a service base, provided the requirements of Section 9-14- 24, “Service Base,” B.R.C. 1981, are met. (3) Driveways. Driveways may not be located in any street yard or setback unless consistent with Section 9-9-5, “Site Access Control,” B.R.C. 1981, to cross perpendicularly through the setback to access or connect to an adjacent parking lot per subsection (d), Inter-Lot Drives, of this section. (4) Trash and Recycling Areas. One mountable, rolled curb section is allowed at a Type B or C street per development, maximum ten feet in width, in order to roll receptacles out to the street. (b) Street Yard Design. Street yards, including courtyards and streetscape plazas designed to meet the requirements of Subsection 9-14-14(h), “Required Streetwall Variation,” B.R.C. 1981, shall be designed consistent with the following: (1) Coordinated Design. The combined streetscape and street yard area from building facade to the back of curb is coordinated and comprehensibly designed Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 55 Packet Page 104 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with a combination of hardscape and landscape areas, although differences in materials and functional areas may exist. (2) Shopfront Streetscape. Where the shopfront base is required, hardscape is located within 24 inches or less of the shopfront windows and that hardscape is connected to the path between the public sidewalk and the building entrances. (3) Trees. At least one tree is planted for every 1,000 square feet of any street yard, courtyard, or streetscape plaza area, located in planting areas or tree wells. Street yard trees meet the minimum permeable area requirements in Paragraph 9-14- 10(a)(3)(D), B.R.C. 1981. (4) Hardscape. Hardscape areas are paved with unit pavers, such as bricks, quarry tiles, porous pavers, or poured-in-place materials. If poured-in-place materials are selected, they must be of decorative color or textures. (5) Landscape Beds. A minimum of twenty-five percent of the street yard areas, including courtyards and streetscape plazas to meet the requirements in Subsection 9-14-14(h), B.R.C. 1981, include landscape beds with shrubs, perennials, grasses, and/or annual plants. (6) Seating and Amenities. Seating and amenities shall be provided in courtyards and streetscape plazas required per Subsection 9-14-14(h), B.R.C. 1981, consistent with the following: (A) Temporary or permanent seating is provided. Temporary seating shall be available or in place between March 15 and November 15. (B) In addition to seating, at least one other amenity is provided, such as a pergola, multiple trellises, catenary or string overhead lighting, a fountain, or artwork (sculpture or mural). (c) Yards and Setbacks. Setbacks and yards, with the exception of street yards, courtyards, street yard plazas, parking areas, driveways, loading zones, mechanical equipment, and refuse and recycling areas, shall meet the following standards: (1) Trees. To the extent practical and achievable, trees shall be planted at a minimum of one per 1,500 square feet, located in planting areas or tree wells. (2) Landscape Areas. Yards and setbacks shall be designed for a mix of paved and landscaped areas, consistent with the maximum impervious and semi-pervious areas allowed per the building type. (d) Inter-Lot Drives. Adjacent parking lots in a development shall be connected with a shared drive that perpendicularly crosses any side and/or rear setback. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 56 Packet Page 105 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) Mid-Block Pathways. In East Boulder, mid-block pathways are required on longer blocks consistent with the following: (1) Pathway Location. Mid-block pathways shall continuously connect the two opposite frontages specified in Paragraph 9-14-6(c)(2), B.R.C. 1981, and be located within 50 feet of the midpoint of the frontage. (2) Pathway Width. The minimum width of the pathway area between building facades shall be ten feet with a minimum pathway of five feet. The unpaved areas shall be landscaped. (3) Path Construction Standards. The pathway shall be constructed to accommodate pedestrians and vehicles that may generally be operated on a sidewalk in the city and shall meet the construction standards of a concrete walk and multi-use paths in the City of Design and Constructions Standards. (4) Open-Air. Mid-block pathways shall be open to the sky, except buildings may bridge over the pathways for distances along the pathway of no more than thirty feet and covering no more than thirty percent of the length of the mid-block pathway. The clear opening under the bridge shall be at least fifteen feet in height. 9-14-12. OUTDOOR SPACE REQUIREMENTS (a) Intent. The intent of the outdoor space requirements is the provision of common outdoor spaces for gathering and socializing between neighbors as well as to provide breaks in the urban fabric of the area buildings. Outdoor spaces are intended to be directly accessible from the street and other public ways. (b) Applicability. Outdoor space shall be designed and constructed or improved consistent with the requirements of this section. (c) Outdoor Space Types. All required outdoor space shall comply with one of the outdoor space types defined in subsections 9-14-12(m) through (q) of this section and the specifications applicable to the type used. (1) Specified Type. If a type of outdoor space is specified in Figure 14-17 for Boulder Junction or Figure 14-18 for Alpine-Balsam for the project site, such type shall be utilized. (2) No Specified Type. If no type is specified in Figure 14-17 or Figure 14-18 or the type is designated as flexible, any one of the outdoor space types defined in subsections 9-14-12(m) through (q) of this section may be utilized provided that the type utilized will result in a mix of outdoor spaces in the vicinity of the development. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 57 Packet Page 106 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) Outdoor Space Required. At least one outdoor space shall be provided in the development, except, if the development is located in an East Boulder form-based code area and includes more than 75,000 square feet of residential floor area, at least two outdoor spaces shall be provided. (1) Specific Locations. Outdoor space shall be provided within 150 feet of the locations shown in Figure 14-17. Boulder Junction: Required Locations for Outdoor Space or Figure 14-18. Alpine-Balsam: Required Locations for Outdoor Space, as applicable. (2) Underpass Outdoor Space. Outdoor space shall be provided in any location where Figure 14-17 shows a future underpass. The minimum size of such outdoor space shall be determined by the city manager. The space shall be not less than 200 feet in length and 35 feet in width and must be long enough to provide for transition grades and wide enough to allow for landscaping and paving area. (3) Existing Public Space. An outdoor space requirement of this section may be met with an outdoor space outside of the development that is located within 1/8 of a mile of all public entrances to buildings in the development provided the space is a public outdoor space or a space to which the anticipated residents, tenants, employees, customers, and visitors to the development have a right of access and use. (4) Optional Areas. Where two outdoor spaces are required, the following may be utilized to meet the requirement for one or both outdoor spaces: (A) Courtyard. A courtyard in the development meeting the requirements of Subsections 9-14-14(g) or (h), B.R.C, 1981, and of a size of at least 1,600 square feet. (B) Playground. An outdoor area dedicated to playground use and including playground equipment, play surfaces, and seating areas. The playground surface area shall be a at least 1,400 square-feet in size, with the perimeter edged by walls, seating areas, or fences meeting the requirements of subsection (g) to provide enclosure and protection from streets and public ways. A playground located wholly or partially within another outdoor space type does not count as a separate outdoor space. (5) Small Projects Exception. If the project site is smaller than 0.7 acres in size, the minimum size requirement of an outdoor space type is fifteen percent of the project site. All contiguous lots or parcels under common ownership or control are considered the project site for purposes of determining the project site under this subparagraph. Contiguity shall not be affected by the existence of a platted street or alley or any other public or private right-of-way. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 58 Packet Page 107 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-16. Outdoor Space: Measuring Minimum Dimensions Figure 14-17. Boulder Junction: Required Locations for Outdoor Space Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 59 Packet Page 108 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-18. Alpine-Balsam: Required Locations for Outdoor Space (e) General Design Standards. All outdoor space shall be designed and maintained to meet the following standards: (1) Landscaped Areas. Landscaped areas must meet the requirements of Section 9- 9-12, "Landscaping and Screening Standards," B.R.C. 1981; (2) Exterior Paved Areas. Exterior paved areas shall meet the standards of Subparagraphs 9-9-11(e)(5)(A) and (B), B.R.C. 1981; and (3) Recreational Amenities. Seating and other elements encouraging use and occupation of the space and spatially defining the space shall be included in the design so as to make the space attractive and an integral part of the circulation pattern of the development. Such elements may include benches, tables, ornamental lighting, sculptures, landscape planters or movable containers, trees, tree grates, water features, or other recreational amenities. (f) Access. All required outdoor spaces shall be accessible from a pedestrian route associated with a vehicular right-of-way and/or adjacent building entrances or exits. (g) Fencing. Outdoor space types may incorporate fencing provided that the following requirements are met: (1) Height. No fence shall exceed forty-eight inches in height. This maximum fence height may be modified by the approving authority to ensure functionality and Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 60 Packet Page 109 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 safety of the users of the outdoor space, for example, in proximity to railroad right-of-way and around swimming pools, ball fields, and ballcourts. (2) Level of Opacity. Fence opacity shall not exceed sixty percent. (3) Type. Chain-link fencing is prohibited along any street frontage. The approving authority may modify this standard around sports field or courts to ensure the safety of the users and visitors to the property and functionality of the outdoor space use. (4) Openings. Openings or operable, unlocked gates shall be provided on every street frontage at a minimum of one per every 100 feet of frontage. (h) Parking Requirements. Parking shall not be required for any outdoor space type, unless a use other than open space is determined by the city manager. (i) Continuity. New outdoor space shall connect to abutting or proximate existing or planned public way or open space. (j) Measuring Size. When determining whether dimensions requirements of this section are met, the following standards apply: (1) Size. The size of the outdoor space is measured to include all landscape and hardscape areas associated directly with the outdoor space. (2) Minimum Dimension. The minimum length or width of the outdoor space type shall be measured along the longest two straight lines intersecting at a right angle defining the maximum length and width of the lot consistent with Figure 14-16. Outdoor Space: Measuring Minimum Dimensions. B.R.C. 1981. (3) Minimum Percentage of Street Frontage Required. A minimum percentage of the outdoor space perimeter, as measured along the outer edge of the space, shall be located directly adjacent to a street. (k) Improvements. When determining the specific improvement standards applicable to each outdoor space type, the following shall apply: (1) Designated Sports Fields. Designated sports field shall mean sports fields or ball courts designated for one or more particular sports, including but not limited to baseball fields, softball fields, soccer fields, basketball courts, football fields, and tennis courts. (2) Playgrounds. Playgrounds shall mean a defined area with play structures and equipment typically designed for children under twelve years of age, such as slides, swings, climbing structures, and skate parks. Where a playground is Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 61 Packet Page 110 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 required, it shall include soft surfacing and structures and shall be a minimum of 1,800 square feet in total area. (3) Mobility Hub. Mobility hubs may be incorporated into an outdoor space if noted in the applicable outdoor space type table. Mobility hubs may range from pick-up locations for taxis or ride-share services to stations for bike-share systems and may range in size. A mobility hub incorporated into an outdoor space shall have a designated space and include paving, seating, and landscaping. (4) Fully Enclosed Structures. Where permitted, fully enclosed structures may include such uses as small cafes, kiosks, community centers, and restrooms. For some outdoor space types, fully enclosed structures are subject to a maximum building coverage limitation, limiting the building coverage to a percentage of the outdoor space area. (5) Semi-Enclosed Structures. Semi-enclosed structure shall mean open-air structure, such as a gazebo. Semi-enclosed structures are permitted in all outdoor space types. (6) Maximum Impervious and Semi-Pervious Surface. Limitations on impervious and semi-pervious surfaces are provided separately for each open space type to allow an additional amount of semi-pervious surface, such as permeable paving, above the impervious surfaces permitted, including, but not limited to, sidewalks, paths, and structures as permitted. (7) Maximum Percentage of Open Water Body. Maximum percentage of open water body shall mean the maximum amount of area within the outdoor space that may be covered by an open water body, including but not limited to ponds, lakes, and pools. (l) Stormwater in Outdoor Space Types. Stormwater management practices, such as storage and retention facilities, may be integrated into any of the outdoor space types and utilized to meet stormwater requirements for surrounding parcels subject to the following standards: (1) Stormwater Features. Stormwater features in outdoor space may be designed as formal or natural amenities with additional uses other than stormwater management, such as an amphitheater, sports field, pond, or pool, as part of the landscape design. (2) Fencing. Stormwater features shall not be fenced and shall not impede public use of the space. (3) Walls. Retaining walls over 2.5 feet in height are not allowed in any outdoor space accommodating stormwater, except in a Greenway type and as required by Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 62 Packet Page 111 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the City of Boulder. Exposed concrete is prohibited; all concrete shall be faced with stone or brick. (4) Structures. All inlets, pipes, overflows, outfalls, and other structures required for the stormwater facility shall be incorporated into a landscape design and designed as unobtrusively as feasible. Exposed concrete is prohibited; all concrete shall be faced with stone or brick. (5) Qualified Professional. A qualified landscape architect shall be utilized to design the space for use by people, incorporating the stormwater features into the design. Figure 14-19. Example of a Plaza (m) Plaza. The intent of the plaza is to provide a formal outdoor space of medium scale that may serve as a gathering place for civic, social, and commercial purposes. The plaza may contain a greater amount of impervious coverage than any other type of outdoor space regulated in this section. Special features, such as fountains and public art installations, are encouraged. Plazas shall be designed to meet the standards of Table 14-3. Plaza Requirements. See Figure 14-19. Example of a Plaza. Table 14-3. PLAZA REQUIREMENTS Dimensions Minimum Size 0.10 acres Maximum Size 1 acre Minimum Dimension 80 feet Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 63 Packet Page 112 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Minimum Percentage of Street or Public Way Frontage Required 25% Improvements Designated Sports Fields Not permitted Playgrounds Not permitted Mobility Hub Permitted Fully Enclosed Structures Permitted; may cover maximum 5% of plaza area Maximum Impervious Surface + Semi‐Pervious Surface 60%+ 20% Maximum Percentage of Open Water 30% Figure 14-20. Example of a Green (n) Green. The intent of the green is to provide an informal outdoor space of medium scale for active or passive recreation located within walking distance for building occupants and visitors. The green is intended to be fronted mainly by streets. Greens shall be designed to meet the standards of Table 14-4. See Figure 14-20. Example of Green. Table 14-4. GREEN REQUIREMENTS Dimensions Minimum Size 0.25 acres Maximum Size 2 acres Minimum Dimension 45 feet Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 64 Packet Page 113 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Minimum Percentage of Street or Public Way Frontage Required 100% for greens less than 1.25 acres; 50% for greens 1.25 or more acres in size Improvements Designated Sports Fields Not permitted Playgrounds Permitted Mobility Hub Permitted Fully Enclosed Structures Not permitted Maximum Impervious Surface + Semi‐Pervious Surface 20% + 15% Maximum Percentage of Open Water 30% Figure 14-21. Example of a Commons (o) Commons. The intent of the commons is to provide an informal, small to medium scale outdoor space for active or passive recreation. Commons are typically internal to a block and tend to serve adjacent building occupants. Commons shall be designed to meet the standards of Table 14-5. See Figure 14-21. Example of Commons. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 65 Packet Page 114 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Table 14-5. COMMONS REQUIREMENTS Dimensions Minimum Size 0.25 acres Maximum Size 1.5 acres Minimum Dimension 45 feet Minimum Percentage of Street or Public Way Frontage Required 0%; requires a minimum of two access points (minimum 20 feet wide) Improvements Designated Sports Fields Not permitted Playgrounds Permitted Mobility Hub Not permitted Fully Enclosed Structures Not permitted Maximum Impervious Surface + Semi‐Pervious Surface 30% + 10% Maximum Percentage of Open Water 30% Figure 14-22. Example of a Pocket Park Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 66 Packet Page 115 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (p) Pocket Park. The intent of the pocket park is to provide a small scale, primarily landscaped active or passive recreation and gathering space for neighborhood residents within walking distance. Pocket parks shall be designed to meet the standards of Table 14-6. See Figure 14-22. Example of Plaza. Table 14-6. POCKET PARK REQUIREMENTS Dimensions Minimum Size 0.10 acres Maximum Size 1 Minimum Dimension None Minimum Percentage of Street Frontage Required 30% Improvements Designated Sports Fields Not permitted Playgrounds Required Mobility Hub Permitted Fully Enclosed Structures Not permitted Maximum Impervious Surface + Semi-Pervious Surface 30% + 10% Maximum Percentage of Open Water 30% Figure 14-23. Example of a Park/Greenway Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 67 Packet Page 116 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (q) Park/Greenway. The intent of the park/greenway is to provide informal active and passive large-scale recreational amenities to local residents and the greater region. Parks have primarily natural plantings and are frequently created around an existing natural feature such as a water body or stands of trees. Parks/greenways shall be designed to meet the standards of Table 14-7. See Figure 14-23. Example of Parks/Greenways. Table 14-7. PARK/GREENWAY REQUIREMENTS Dimensions Minimum Size 2 acres Maximum Size None Minimum Dimension 30 feet; minimum average width of 80 feet Minimum Percentage of Street Frontage Required 30% for parks less than 5 acres; 20% for parks 5 or more acres in size Improvements Designated Sports Fields Permitted Playgrounds Permitted Mobility Hub Permitted Fully Enclosed Structures Permitted in parks 5 acres or larger in size Maximum Impervious Surface + Semi- Pervious Surface 20% + 10% Maximum Percentage of Open Water 50% 9-14-13. LARGE SITE DEVELOPMENT STANDARDS (a) Applicability. A development four acres in size or larger shall meet the requirements of this section. (b) Streets and Block Layout. The development shall provide safe and convenient vehicular and pedestrian transportation between and through lots and parcels to adequately serve the new development. To accomplish this, the approving authority may require connections in addition to those required under the regulating plan and any approved connections plan for the area consistent with the following considerations and requirements: (1) Block Length. Block lengths is approximately 400 feet or less. (2) Block Perimeter. Block perimeter is approximately 1,600 feet or less. (3) Cul-de-Sac and Dead-End Streets. Cul-de-sac and dead-end streets are not allowed except due to site constraints or natural features. (4) Configuration. Additional connections shall be consistent with the standards of Section 9-9-8, “Reservation, Dedication, and Improvement of Rights of Way,” B.R.C. 1981, and other required connections. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 68 Packet Page 117 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) On-Street Parking. Parking lanes shall be provided on both sides of the street. (5) Paseos. Paseos shall meet the standards in Section 9-14-10, B.R.C. 1981. (6) Plan Amendments. Any additions or other amendments to a connections plan for the area shall be reviewed pursuant to the process and criteria established therefor in the applicable plan and in conjunction with the form-based code review of the application. (c) Type A, B, and C Frontage Designation. Frontages along new connections shall be designated as Type A, B, or C frontages consistent with the standards in Section 9-14-15, “Type A, B, and C Frontages,” B.R.C. 1981, and the following: (1) Frontage designation shall be consistent with the intent of the area or subcommunity plan. (2) A minimum of 25% of frontages of new and existing streets in and abutting the development shall be designated as Type A frontage. (d) Terminated Vistas. Views down streets that terminate at parcels, including where streets angle at less than 90 degrees, shall meet the terminated vista requirements in Subsection 9-14-14(i), B.R.C. 1981. BUILDING TYPES 9-14-14. REQUIREMENTS APPLICABLE TO ALL BUILDING TYPES (a) Purpose. The purpose of the building type requirements is to establish standards for building design, building form, siting of buildings, and specific uses based on the building type that may be utilized on a property pursuant to the applicable regulating plan or as otherwise authorized. (b) Building Types Requirements. No person shall develop, use, or occupy any building or other property located within the area designated in Appendix L, "Form-Based Code Areas," B.R.C. 1981, except in conformance with the building type standards of sections 9-14-16 through 9-14-21 of this chapter unless modified through an exception under Subsection 9-2-16(i), B.R.C. 1981. This following generally describes the building types: (1) Main Street Storefront Description. The main street storefront building type is a highly pedestrian-oriented, mixed-use building. Ground story storefront is required along all Type A streets with only personal service, retail, dining, and entertainment uses to provide activity. Upper story uses are flexible. Parking is in the rear of the lot or located off-site. Refer to Section 9-14-16, B.R.C. 1981, for requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 69 Packet Page 118 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Commercial Storefront Description. The commercial storefront building type permits single use buildings and more parking locations, but still addresses pedestrian orientation with buildings built up to the sidewalk and storefront glass requirements. This building type allows a broader variety of commercial, retail, and industrial uses on the ground story, including vehicle-related uses. Refer to Section 9-14-17, B.R.C. 1981, for requirements. (3) General Building Description. The general building type is a basic building that serves as urban fabric, built along the sidewalk connecting the more commercial spaces with open spaces. This building can accommodate a wide range of uses. It differs from the storefront by its lower requirement for ground story glass and allowance for an above-sidewalk level ground story elevation. Refer to Section 9- 14-18, B.R.C. 1981, for requirements. (4) Row Building Description. The row building type is similar to the general building but is smaller in scale. The ground story is required to be divided into different units, each with separate entrances. Townhouses, rowhouses, live-work units, incubator space, or small width industrial or craftsman spaces fit well into this building type. Refer to Section 9-14-19, B.R.C. 1981, for requirements. (5) Workshop Building Description. The workshop building type is similar to the general building but allows the service base with garage door access more widely. The ground story is also typically taller to allow for production uses. Refer to Section 9-14-20, B.R.C. 1981, for requirements. (6) Civic Building Description. The civic building type is the most flexible building, meant to allow for more iconic designs within the urban fabric of the area. This building type is limited to specific public and institutional uses, such as governmental facilities, religious assemblies, schools, colleges, and universities, as well as parks and recreation uses, museums, and live theaters. Refer to Section 9-14-21, B.R.C. 1981, for requirements. (c) Uses in Building Types. All uses of a property shall meet the requirements of Chapter 9- 6, "Use Standards," B.R.C. 1981. Where use regulations are imposed by this chapter based on the building type, the use of the property shall also be consistent with those standards. (d) General Building Design Requirements. All buildings shall comply with the building design requirements of sections 9-14-22 through 9-14-33 of this chapter. (e) Multiple Principal Structures. Multiple structures may be constructed on a lot or parcel. All structures shall meet the applicable building type requirements, including the frontage setback requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 70 Packet Page 119 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (f) Build to the Corner. On corners, a building or structure shall be located at the intersection of the two frontage setbacks as shown in Figure 14-24. The standards of Subparagraph 9-14-10(a)(3)(B), "Sight Triangle Area," B.R.C. 1981. must also be met. Figure 14-24. Build-to Corner and Frontage Setbacks (g) Streetwall Courtyards. Where minimum streetwall is required and streetwall variation is not required, courtyards meeting the requirements of Paragraph 9-14-14(h)(1), B.R.C. 1981, are allowed provided they do not exceed thirty-five percent of the streetwall. The courtyard counts towards the required minimum streetwall percentage. (h) Required Streetwall Variation. Where streetwall variation is required, a courtyard or streetscape plaza meeting the following requirements shall be provided for streetwall increment required per the building type: (1) Courtyard. Courtyards shall meet the following requirements: (A) The courtyard is at least thirty feet in width and thirty feet in depth. (B) The courtyard abuts the frontage setback. (C) There is no motor vehicle parking in the courtyard. (D) The courtyard facades are treated with the frontage type of the adjacent street frontage per facade requirements for the building type and building design requirements in Sections 9-14-27 through 9-14-33, B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 71 Packet Page 120 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (E) The courtyard design includes the following: (i) No more than sixty-five percent of the area is paved and the hardscape includes special paving materials and patterns. (ii) Landscape beds and trees consistent with Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (iii) Seating and amenities consistent with Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (2) Streetscape Plaza. Streetscape plazas shall meet the following requirements: (A) The streetscape plaza is located within the maximum setback. (B) At least thirty-five percent of the streetwall fronts one or more streetwall plazas extending from the right-of-way to the maximum setback. (C) The minimum width of each streetscape plaza along the frontage is 20 feet. (D) The streetscape plaza is designed to integrate with the street yard and streetscape design and includes the following: (i) Hardscape in the plaza includes special paving materials and patterns. (ii) Landscape beds and trees are provided consistent with the requirements of Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (iii) Seating and amenities are provided consistent with the requirements of Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (i) Terminated Vistas. street terminates or curves on or adjacent to a property as designated on the regulating plan, the site or building design shall include a feature to terminate the view from the street or path. The project shall meet the following standards: (1) Open Space. If the property where the vista is required to be terminated is open space, one of the outdoor space types established in Section 9-14-12, “Outdoor Space Requirements,” B.R.C. 1981, shall be utilized, and a vertical feature shall terminate the view. Acceptable vertical features include, but are not limited to, a stand or grid of at least three large maturing trees, listed in the approved tree list published annually by the city manager, a sculpture, a gazebo, or a fountain. (2) Building. If the property where the vista is required to be terminated is not utilized as open space, the facade of a building shall terminate the view. At the termination point designated on the regulating plan, a minimum of sixty feet of the building facade shall meet the standards applicable to a Type A frontage, Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 72 Packet Page 121 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whether or not fronting on a Type A street, with the exception of the entrance requirements. The building shall include a feature that terminates the view, such as, a tower, cupola, bay, courtyard, or a streetscape plaza consistent with the streetwall variation requirements in Section 9-14-14(h), B.R.C. 1981. (3) Parking or Other Facades. A parking structure, surface parking lot, or side or rear facade shall not terminate a vista. (j) Trash and Recycling Areas. Unless otherwise allowed by the building type, all trash, recycling, and other waste areas shall be located inside the building or in the parking yard consistent with the following requirements: (1) Interior of the Building. Refuse, recycling, and other waste areas located inside the building shall meet the following requirements: (A) Access doors to the area shall be located on the rear or interior side facade. (B) If no rear or interior side facade exists, access doors may be located off a Type B or C street facade. (C) Access doors or gates on a street facade shall have a minimum opacity of 80 percent. (D) Access gates shall be set back a minimum of five feet from any street facade. (2) Other Locations. When no parking yard exists, the parking or rear yard is less than ten feet in depth, and an interior building location is not available, trash, recycling, and other waste areas may be located in the rear yard, interior side yard, or in a Type B or C street yard. (k) Garage Entrances. Garage doors shall be located on a Type B frontage, Type C frontage, rear or interior yard, or along an interior side facade, except that on the service base garage doors may also be located consistent with the standards in Section 9-14-24, “Service Base,” B.R.C. 1981. (1) Garage doors on Type B frontages shall be set back from the majority of the frontage facade a minimum of three feet. (2) Garage doors on Type B frontages shall meet minimum facade transparency requirements unless art is incorporated into the door. (l) Loading Locations. All on-site loading areas shall be located in the rear or interior yard for all building types, except that on the service base on-site loading areas may also be located consistent with the standards in Section 9-14-24, B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 73 Packet Page 122 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (m) Modifications. The approving authority may approve the following modifications to building type requirements if it finds the proposed design substantially meets the intent of the requirement being modified: (1) Building Location. The location of the building within up to one foot from any minimum setback or frontage setback width or location requirement. (2) Impervious Coverage. Up to a ten percent increase in total impervious coverage, not to exceed the total amount of allowed impervious plus semi-pervious coverage. (3) Type A Frontage Streetwall. For the commercial storefront building only, up to ten percent decrease in Type A frontage streetwall requirements. (4) Story Height. An additional height of any floor-to-floor story height up to two feet, provided the overall building height does not exceed the maximum permitted height. (5) Transparency. Up to two percent reduction of the required transparency on a non-Type A frontage facade; and up to four square feet increase of the blank wall area limitation of paragraph 9-14-26(g)(2) on a non-Type A frontage facade. 9-14-15. TYPE A, B, AND C FRONTAGES A hierarchy of frontages is established for properties located within the area shown on Appendix L, "Form-Based Code Areas." Frontages are designated on the regulating plans pursuant to the standards of this section. (a) Type A Frontage. Type A frontages shall be provided as follows: (1) Regulating Plans. Type A frontage requirements shall be met in those locations where a Type A frontage is designated on the regulating plan. (2) Outdoor Space Types. Where a lot or parcel contains or abuts a required outdoor space, the frontage of a building abutting the outdoor space shall meet Type A frontage requirements, unless otherwise defined on the regulating plan. (3) Building Type Requirements. Type A frontages shall meet the Type A frontage requirements established for the applicable building type. (4) Corners. Where a Type A frontage façade is located perpendicular to a Type B or C frontage, or a rail corridor façade, the Type A frontage façade requirements, such as transparency, entrance, and materials requirements, shall be continued around the corner along the perpendicular façade for a minimum of thirty feet. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 74 Packet Page 123 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) Multiple Type A Frontages and No Type B Frontage. If multiple Type A frontages and no Type B or C frontages exist on a site, one Type A frontage may be treated as a Type B frontage for the building type requirements if the approving authority finds that one of the following standards is met with regard to such frontage: (A) Configuration of other parcels along the street, including fronts of buildings and locations of vehicular access, are more consistent with Type B requirements. (B) The classification of the street is more focused on traffic movement than pedestrian orientation. (C) The area plan prioritizes the street lower than other Type A frontages. (6) No Type A Frontage. If no Type A frontage is designated on a parcel, a Type B frontage shall be treated as a Type A frontage for the building type requirements. If no Type A or B frontage is designated for a parcel, a Type C frontage shall be treated as a Type A frontage for the building type requirements. (b) Type B Frontages. Type B frontages have to be provided as follows: (1) Regulating Plan. Type B frontage requirements shall be met in those locations where a Type B frontage is designated on the regulating plan. (2) Building Type Requirements. Type B frontages shall meet the Type B frontage requirements established for the applicable building type. (3) Alternate Treatment. A designated Type B frontage may alternatively be treated as a Type A frontage. (c) Type C Frontages. Type C frontages shall be provided as follows: (1) Regulating Plan. Type C frontage requirements shall be met only in those locations where a Type C frontage is designated on the regulating plan. (2) Building Type Requirements. Type C frontages shall meet the Type C frontage requirements established for the applicable building type. (3) Alternate Treatment. A designated Type C frontage may alternatively be treated as a Type A or Type B frontage. 9-14-16. MAIN STREET STOREFRONT BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 75 Packet Page 124 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOULDER JUNCTION PHASE I REFERENCES/ ADDITIONAL REQUIREMENTS BUILDING SITING Refer to Figure 14-25. Type A Frontage Streetwall, minimum 90% Refer to Subsection 9-14-14(g), B.R.C. 1981, for courtyard allowance. Type A Frontage Setback, minimum to maximum 0 ft. to 5 ft. Refer to Subsection 9-14-26(b), B.R.C. 1981, for measuring minimum and maximum setbacks. Type B Frontage Setback, minimum to maximum 0 ft. to 5 ft. Side Yard Setback, minimum 5 ft.; 0 ft. required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and the Transit Village Connections Plan for locations and details. Rear Yard Setback, minimum 10 ft.; minimum 25 ft. if no alley; 0 ft. required at paseo or multi-use path Building Length along any Type A & B Frontage, maximum 150 ft. Refer to Section 9-14-31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, maximum Additional Semi- Pervious Coverage 70% 25% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi- pervious coverage. Surface or Accessory Parking Location Parking yard only Refer to Sections 9-9-12 and 9-9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. HEIGHT Refer to Figure 14-26. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 76 Packet Page 125 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Overall: Minimum Height Maximum Height 2 stories minimum 3 stories maximum and up to 40' in height north of Goose Creek and west of Junction Place; 5 stories maximum elsewhere up to 55' Refer to subsection 9-14-26(e) for height measuring requirements and section 9-14-31 for building massing requirements. Subsection 9-14-25(g), “Towers," B.R.C. 1981, allows additional height in a limited footprint. Heights shown may be otherwise regulated by Section 9-14-6, “Regulating Plans,” and/or Section 9-14- 7, “View Corridors,” B.R.C. 1981 Story: Minimum Height Maximum Height 9' 12' Stories are measured floor to floor. Refer to subsection 9-14-26(f) for explanation of measurement. Refer to allowed base types for story height requirements in ground story. Figure 14-25. Main Street Storefront Building: Building Siting Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 77 Packet Page 126 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOULDER JUNCTION PHASE I REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to Figure 14-26. All Frontages & Stories All uses consistent with chapter 9-6 Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Base Types: refer to allowed base types for use requirements in ground story. Required Occupied Building Space, minimum depth from Type A or B frontage facade, all stories 20 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to Figure 14-27. Transparency on All Type A, B, and C Frontage Facades, minimum 20% Measured per each story. Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations defined in Section 9-14-26(g)). Additional transparency required on ground story by allowed base type. Horizontal Facade Divisions At least one expression line, minimum 2” deep, is required within 3 ft. of the top of the ground story and the bottom of any 5th story. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. BASE REQUIREMENTS Refer to Figure 14-27. All ground story Type A, B, and C frontage facades shall meet the requirements of an allowed or required base type. Shopfront Base Provide where required per regulating plans, Section 9- 14-6, B.R.C. 1981; Allowed on any frontage. Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 78 Packet Page 127 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stoop Base Allowed on any frontage, except where shopfront base is required. Refer to Section 9-14-23, B.R.C. 1981, for stoop base requirements. Service Base Not allowed. Refer to Section 9-14-24, B.R.C. 1981, for service base requirements. CAP REQUIREMENTS Refer to Figure 14-27. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Figure 14-26. Main Street Storefront Building Section: Height & Use Requirements Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 79 Packet Page 128 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-27. Main Street Storefront Building Elevation: Facade Design Requirements 9-14-17. COMMERCIAL STOREFRONT BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. BOULDER JUNCTION PHASE I REFERENCES/ ADDITIONAL REQUIREMENTS BUILDING SITING Refer to Figure 14-28. Type A Frontage Streetwall, minimum 60% required . Type A Frontage Setback, minimum to maximum 12 ft. to 20 ft. along Valmont and 30th Street; 0 ft. to 10 ft. along new streets Type B Frontage Setback, minimum to maximum 0 ft. to 10 ft. Side Yard Setback, minimum 5 ft.; 0 ft. required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and the Transit Village Connections Plan for locations and details. Rear Yard Setback, minimum 15 ft.; 25 ft. required if no alley; 0 ft. required at paseo or multi-use path Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 80 Packet Page 129 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Building Length any Type A & B Frontage, maximum 90 ft. Refer to Section 9-14-31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, maximum Additional Semi-Pervious Coverage 70% 25% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi-pervious coverage. Surface or Accessory Parking Parking yard & interior side yard Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. HEIGHT Refer to Figure 14-29. Overall: Minimum Height Maximum Height 1 story 3 stories, 35 ft. Refer to Subsection 9-14-26(e), B.R.C. 1981, for h e i g h t measuring requirements and Section, B.R.C. 1981, for building massing requirements. Subsection 9-14-25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint.9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. Ground Story: Minimum Height Maximum Height 12 ft. 18 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. Story Height: Minimum Height Maximum Height 9 ft. 14 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 81 Packet Page 130 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-28. Commercial Storefront Building Plan: Building Siting Requirements BOULDER JUNCTION PHASE I REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to Figure 14-29. All Frontages & Stories All uses consistent with chapter 9-6 Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Required Occupied Building Space, minimum depth from Type A or B frontage facade, all stories 20 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking Location within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to Figure 14-30. Type A Frontage Ground Story Transparency, minimum 55% measured between 2' and 8' vertically from average grade of adjacent sidewalk. Note that Subsection 9-14- 15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 82 Packet Page 131 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B.R.C. 1981, for measuring transparency. Transparency on All Other Frontages & Stories, minimum 15%, measured per story of all stories, including blank wall limitations defined in subsection 9-14-26(g). Refer to subsection 9-14-26(g) for information on measuring transparency. Entrance Location & Number Principal entrance required on Type A frontage facade; entrances required a minimum of one per every 50' of building facade Refer to Section 9-14-26(h), B.R.C. 1981, for i n f o r m a t i o n on measuring entrance location. Entrance Configuration Recessed between 3' and 8', maximum 8' wide, from the portion of the Type A frontage facade closest to the street Refer to Subsection 9-14-32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade 80% of entrances and the ground story shall be within 1.5' (vertically) of adjacent sidewalk elevation Ground Story Vertical Facade Divisions At least one expression line, minimum 2" deep, per every 30' of facade width is required. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. Horizontal Facade Divisions At least one expression line, minimum 2" deep, is required within 3' of the top of the ground story CAP REQUIREMENTS Refer to Figure 14-30. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat; one tower permitted per building. Refer to section 9-14-25 for cap types, and other cap requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 83 Packet Page 132 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-29. Commercial Storefront Building Section: Height & Use Requirements Figure 14-30. Commercial Storefront Building Elevation: Facade Design Requirements 9-14-18. GENERAL BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. BOULDER JUNCTION PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ ADDITIONAL REQUIREMENTS BUILDING SITING Refer to FIGURE 14-31. Type A Frontage Streetwall, minimum 90% 80% 80% Refer to 9-14-14(g) for allowed courtyards in Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 84 Packet Page 133 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Streetwall Variation for Type A and Type B Frontages -- -- Required for buildings over 180 ft. in width the streetwall and 9- 14-14(h) for definition of required streetwall variation. Type A Frontage Setback, minimum to maximum 5 ft. to 10 ft. 5 ft. to 20 ft. 10 ft. to 25 ft. Refer to Section 9- 14-26, B.R.C. 1981, for measuring minimum and maximum setbacks. Type B Frontage Setback, minimum to maximum 5 ft. to 10 ft. 5 ft. to 20 ft. 5 ft. to 20 ft. Type C Frontage Setback, minimum to maximum -- -- 0 to 15 ft. Side Yard Setback, minimum 5'; 0' required at paseo or multi-use path For paseos and multi- use path locations, refer to the regulating plans and the connections plans for the form-based code area. Rear Yard Setback, minimum 10 ft.; 25 ft. required if no alley; 0 ft. required at paseo or multi-use path 15 ft.; 0 ft. required at paseo or multi-use path Building Length along Type A & B Frontage, maximum 150 ft. 65 ft. in Gener al Mix 2 area; none in General Mix 1 area; refer to map, Figure 14-2. --- Refer to Section 9-14- 31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, maximum Additional Semi-Pervious Coverage 70% 25% 65% 25% 65% 25% Refer to Section 9-14- 8, “Definitions,” B.R.C. 1981, for semi-pervious coverage. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 85 Packet Page 134 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Surface or Accessory Parking Location Parking yard only No surface parking allowed Parking yard only except limited side yard parking allowed in Valmont Park West, Valmont Park East, and Flatiron Business Park Refer to Sections 9-9- 12 and 9-9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. Refer to Subsection 9- 14-26(c) for limited side yard parking. HEIGHT Refer to FIGURE 14-32. Overall: Minimum Height 2 stories 2 stories 2 stories Refer to Subsection 9-14-26(e), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. Maximum Height 3 stories, 40 ft. north of Goose Creek and west of Junction Place; 5 stories, 55 ft. elsewhere 3 stories and 35’ without pitched roof; 3 stories and 55’with pitched roof; or 4 stories and 55’; see regulati ng plan for maximu m height location s 5 stories, 55 ft. Location-Specific Maximum Height Heights shown may be otherwise regulated by Section 9-14-6, B.R.C., “Regulating Plans,” and/or Section 9- 14-7, “View Corridors,” B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 86 Packet Page 135 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All Stories: Minimum Height Maximum Height 9 ft. 18 ft. 9 ft. -- 9 ft. 18 ft. Stories are measured floor to floor. Refer to Subsection 9-14-26(f), B.R.C. 1981, for explanation of Base Types: See allowances for additional height within specific base types allowed, line of this table measurement. Figure 14-31. General Building: Building Siting BOULDER JUNCTION PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to FIGURE 14-32. All Frontages & Stories All uses consistent with chapter 9-6 All uses consistent with chapter 9- 6; in General Mix 2, residential and accessory uses only, maximum 4 dwelling units per building, consistent All uses consistent with chapter 9-6 Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 87 Packet Page 136 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with chapter 9- 6; refer to map, Figure 14-2. Base Types: See use requirements and allowances per base types. Required Occupied Building Space, minimum depth from Type A & B frontages, all stories 20 ft. 20 ft. 15 ft. on Type A only Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Parking Location within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to FIGURE 14- 33. Transparency on All Type A, B, and C Frontage Facades, minimum 20% 20% 20% Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations apply as defined in subsection 9-14-26(g). Additional transparency required by base type. Horizontal Facade Divisions At least one expression line, minimum 2 inch deep, is required within 3 ft. of the top of the ground story and the bottom of any 5th story Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. BASE REQUIREMENTS Refer to FIGURE 14-33. All ground story Type A, B, and C frontage facades shall meet the requirements of an allowed or required base type Shopfront Base Provide where required per Section 9-14-6, “Regulating Plans,” B.R.C. 1981; allowed on any frontage. Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. Stoop Base Allowed on any frontage, except where shopfront base is required. Refer to Section 9-14-23, B.R.C. 1981, for stoop base requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 88 Packet Page 137 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Service Base -- -- Allowed on any Type C frontage, except where shopfront base is required. Otherwise prohibited. Refer to Section 9-14-24, B.R.C. 1981, for service base requirements. CAP REQUIREMENTS Refer to FIGURE 14-33. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat. Parapet, pitched, flat. Parapet, pitched, flat. Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Figure 14 -32. General Building: Height & Use Requirements Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 89 Packet Page 138 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-33. General Building: Facade Design Requirements 9-14-19. ROW BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. BOULDE R JUNCTIO N PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS BUILDING SITING Refer to FIGURE 14-34. For the purposes of the Row Building, a building consists of multiple vertical units. Type A Frontage Streetwall, minimum 80% 80% 65% Each unit shall have a facade located within the frontage setback, except 1 of every 2 units may front a courtyard or outdoor space type. Courtyards, minimum 30 feet wide and 30 feet deep, may count towards Type A streetwall. Type A Frontage Setback, minimum to maximum 5 ft. to 15 ft. 5 ft. to 15 ft. 5 ft. to 25 ft. Frontage setbacks are measured from the outside edge of any public access easement for Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 90 Packet Page 139 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Type B Frontage Setback, minimum to maximum 5 ft. to 15 ft. 5 ft. to 15 ft. 5 ft. to 25 ft. sidewalk or the right-of-way, if no public access easement for sidewalk and streetscape is required or exists, or from the outside edge of any flood or drainage easement, where the frontage is along a flood or drainage area. Refer to subsections 9-14-26(b) for additional information. Side Yard Setback, minimum 7.5 ft.; 0 ft. required at paseo or multi- use path Rear Yard Setback, minimum 20 ft.; 30 ft. if no alley; 5 ft. for detached garage Building Length, minimum to maximum 3 to 6 units or 120 ft., whichever is less Space between Buildings, minimum 10 ft. Site Impervious Coverage, maximum Additional Semi- Pervious Coverage 60% 20% 60% 20% 60% 20% Refer to Section 9-14-8, "Definitions," B.R.C. 1981, for semi-pervious coverage. Yard Area, minimum 225 square feet rear yard required for each unit not fronting a courtyard or outdoor space type. Surface or Accessory Parking Location Parking yard only Parking yard only Parking yard only Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 91 Packet Page 140 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-34. Row Building: Building Siting BOULDER JUNCTION PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS HEIGHT Refer to FIGURE 14-35. Overall: Minimum Height Maximum Height 2 stories 3.5 stories, 35 ft. 2 stories 3 stories, 35 ft. 2 stories 3.5 stories, 35 ft. Refer to Subsection 9-14-26(e), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Tower,” B.R.C. 1981, allows additional height in a limited footprint. All Stories: Minimum Height Maximum Height 9 ft. 16 ft. 9 ft. 14 ft. 9 ft. 14 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. USES Refer to FIGURE 14-35. All Frontages & Stories All uses consistent Only residential and accessory All uses consistent Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 92 Packet Page 141 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with chapter 9-6 uses consistent with chapter 9-6 with chapter 9-6 zoning district and definition of uses. Required Occupied Building Space, minimum depth from Type A or B frontage facades, all stories 20 ft. 20 ft. 15 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Parking within Building Permitted only in any basement and in ground story except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to FIGURE 14-36. Type A and B Frontage Transparency Minimum 20%, measured per story of all stories. Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations, defined in Subsection 9-14-26(g), B.R.C. 1981, apply only on Type A & B frontages. Entrance Location & Number One entrance required per unit on the Type A frontage facade except 1 of every 2 units may front a courtyard or Type B frontage; minimum of one principal entrance per 30 ft. of facade. Refer to Subsection 9-14-26(h), B.R.C. 1981, f o r information on measuring entrance location. Entrance Configuration Entry doors shall be off a stoop, minimum 4 ft. wide and 3 ft. deep; OR a porch, minimum 8 ft. wide & 5 ft. deep. No more than 2 entry doors may be located off each stoop or porch. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for stoop and porch. Refer to Subsection 9-14-32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade on Type A Frontage Facade All Type A frontage facade entrances and the ground story shall be within 30” (vertically) of adjacent street sidewalk average elevation OR between 30” and 5 ft. (vertically) with visible basement (transparency required). Exception: In Boulder Junction Phase I, entrances along Goose Creek frontage shall be located in reference to the elevation of 30th Street, Carbon Place, and/or Junction Place, whichever is closest. Ground Story Vertical Facade Divisions At least one expression line, minimum 2” deep, is required per every 60 ft. of Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 93 Packet Page 142 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 facade width or every 2 units, whichever is less. expression line and visible basement. Horizontal Facade Divisions At least one expression line, minimum 2” deep, is required within 3 ft. of any visible basement. CAP REQUIREMENTS Refer to FIGURE 14-36. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat; one tower is permitted per building. Parapet, pitched, flat; one tower is permitted per building. Parapet, pitched, flat; one tower is permitted per building. Refer to Section 9-14-25, B.R.C. 1981, for cap types and other cap requirements. Figure 14-35. Row Building: Height & Use Requirements Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 94 Packet Page 143 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-36. Row Building: Facade Design Requirements 9-14-20 WORKSHOP BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. EAST BOULDER REFERENCES/ADDITIONA L REQUIREMENTS BUILDING SITING Refer to FIGURE 14-37. Type A Frontage Streetwall, minimum 65% Refer to 9-14-14(g) for allowed courtyards in the streetwall and 9-14-14(h) definition of required streetwall variation. Streetwall Variation for Type A Frontages Required Type A Frontage Setback, Minimum to maximum 5 ft. to 25 ft. Refer to Section 9-14-26, B.R.C. 1981, for measuring minimum and maximum setbacks. Type B Frontage Setback, minimum 5 ft. Type C Frontage Setback, minimum 5 ft. Side Yard Setback, minimum 5 ft.; 0 ft. required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and section 9-14-6 for locations and details. Rear Yard Setback, minimum 10 ft.; 25 ft. required if no alley; 0 ft. required at paseo or multi-use path Site Impervious Coverage, maximum 70% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi-pervious coverage. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 95 Packet Page 144 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Additional Semi-Pervious Coverage 25% Surface or Accessory Parking Location Limited side yard & parking yard only Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. Refer to Subsection 9-14-26(c) for limited side yard parking. HEIGHT Refer to FIGURE 14-38. Overall: Minimum Height 1 story Refer to Subsection 9-14- 26(e), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14-25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. Maximum Height 3 stories, 55 ft. All Stories: Minimum Height Maximum Height 9 ft. 18 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. Base Types: See allowances for additional height within specific base types allowed, line of this table Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 96 Packet Page 145 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-37. Workshop Building: Building Siting EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to FIGURE 14-38. All Frontages & Stories All uses consistent with chapter 9-6 except where base type requirements may be more limited. Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Required Occupied Building Space, minimum depth from Type A & B frontages, all stories 15 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Parking Location within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FAÇADE REQUIREMENTS Refer to FIGURE 14-39. Transparency on All Type A, B, and C Frontage Facades, minimum 15% Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations, as defined in subsection 9-14-26(g), apply only to Type A frontages Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 97 Packet Page 146 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Horizontal Facade Divisions At least one expression line, minimum 2-inch deep, is required within 3 ft. of the top of the ground story and the bottom of any 5th story Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. BASE REQUIREMENTS Refer to FIGURE 14-39. All ground story street, courtyard, & public way facades shall meet the requirements of an allowed or required base type. Shopfront Base Allowed on any frontage Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. Stoop Base Allowed on any frontage Refer to Section 9-14-23, B.R.C. 1981, for stoop base requirements. Service Base Allowed on any frontage Refer to Section 9-14-24, B.R.C. 1981, for service base requirements. CAP REQUIREMENTS Refer to FIGURE 14-39. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat. Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Figure 14-38. Workshop Building: Height & Use Requirements Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 98 Packet Page 147 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-39. Workshop Building: Facade Design Requirements 9-14-21. CIVIC BUILDING TYPE The Civic building type is not mapped on the regulating plans. It is permitted in any location in any of the form-based code areas except it is prohibited in East Boulder. The uses permitted in this building type are very limited. Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981. BOULDER JUNCTION PHASE I ALPINE- BALSAM REFERENCES/ADDITIONAL REQUIREMENTS BUILDING SITING Refer to FIGURE 14-40. Minimum Type A Streetwall, minimum None required None required Type A Frontage Setback, minimum 20' 20' Type B Frontage Setback, minimum 15' 15' Side Yard Setback, minimum 15'; 0' required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 99 Packet Page 148 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rear Yard Setback, minimum 15'; 0' required at paseo or multi-use path the Transit Village Connections Plan for locations and details. Building Length, maximum None required None required Refer to Section 9-14-31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, minimum Additional Semi- Pervious Coverage 50% 20% 50% 20% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi- pervious coverage. Surface or Accessory Parking Location Parking yard only No surface parking allowed Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. HEIGHT Refer to FIGURE 14-41. Overall: Minimum Height Maximum Height 1 story 5 stories up to 55' 1 story 5 stories up to55' Refer to Subsection 9-14-26(2), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. All Stories: Minimum Height Maximum Height 9' 18'; 24' on single story building 9' 18'; 24' on single story building Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 100 Packet Page 149 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-40. Civic Building: Building Siting BOULDER JUNCTION PHASE I ALPINE- BALSAM REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to FIGURE 14-41. All Frontages & Stories Limited to any use in the Public and Institutional use classification consistent with chapter 9-6. Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Required Occupied Building Space Minimum 20' deep on all full height floors from any street facade Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Parking within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to FIGURE 14-42. Required Transparency on All Street, Courtyards, & Minimum 15%, measured per story of all stories. Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 101 Packet Page 150 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Way Facades Entrance Location & Number Principal entrance required on Type A frontage facade. Refer to Section 9-14-26(h), B.R.C. 1981, for information o n measuring entrance location. Entrance Configuration No requirement other than principal entryway requirements. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for stoop and porch. Refer to Subsection 9-14-32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade 80% of entrances and the ground story shall be within 30" (vertically) of adjacent street sidewalk average elevation OR between 30" and 5' (vertically) with visible basement (transparency required) Exception: entrances along Goose Creek frontage shall be located in reference to the elevation of 30th Street, Carbon Place, and/or Junction Place, whichever is closest. Ground Story Vertical Facade Divisions No requirement Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. Horizontal Facade Divisions No requirement CAP REQUIREMENTS Refer to FIGURE 14-42. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat Parapet, pitched, flat Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 102 Packet Page 151 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-41. Civic Building: Height & Use Requirement Figure 14-42. Civic Building: Facade Design Requirements 9-14-22. SHOPFRONT BASE The intent of the shopfront base is to provide convenient, at-grade access between the interior space of the shopfront and the adjacent sidewalk, creating a high level of permeability. The shopfront base may be required or allowed per building type requirements. Where a shopfront base is required or used, shopfront base requirements supersede any building type requirements for the shopfront base portion of the ground story, street facade. See Figure 14-43. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 103 Packet Page 152 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 USES ADDITIONAL/REFERENCES Allowed Uses Required Shopfront Base Locations per Regulating Plan A use within the following use categories is required: Food, Beverage, and Lodging; Recreation and Entertainment; Retail Sales Uses; Service Uses; and any category in the Public and Institutional Use Classification. Refer to the building type requirements for occupied building space requirement. Other Shopfront Base Locations Any use meeting the requirements of Chapter 9-6, B.R.C. 1981, except residential uses are prohibited. GROUND STORY HEIGHT Ground Story: Minimum Height Maximum Height 12 ft. 24 ft. Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. FAÇADE REQUIREMENTS Ground Story Transparency, minimum 75% measured between 2 ft. and 10 ft. vertically from average grade of adjacent sidewalk. Measured per story. Note that Subsection 9-14-15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for information on measuring transparency. Entrance Location & Number Entrances are required a minimum of one per every 60 ft. of building facade. Refer to Section 9-14-26(i), B.R.C. 1981, for information on measuring entrance location. Entryway Configuration Recessed between 3 ft. and 8 ft., maximum 8 ft. wide, from the portion of the Type A frontage ground story facade closest to the street Refer to Subsection 9-14- 32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade At least 80% of entrances and the ground story shall be within 30 in. (vertically) of adjacent sidewalk elevation. Ground Story Vertical Facade Divisions At least one expression line, minimum 2-inch deep, required per every 30 ft. of facade width. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 104 Packet Page 153 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-43. Shopfront Base 9-14-23. STOOP BASE The stoop base is a flexible base type intended to allow residential and office-related uses, providing pedestrian-friendly access while allowing an elevated base for privacy on the ground story. The stoop base may be allowed per building type requirements. Where a stoop base is used, stoop base requirements supersede any building type requirements for the stoop base portion of the ground story, street facade. See Figure 14-44. USES ADDITIONAL/REFERENCES Allowed Uses Any use meeting the requirements of Chapter 9-6, B.R.C. 1981. Refer to the building type requirements for occupied building space requirement. GROUND STORY HEIGHT Ground Story: Minimum Height Maximum Height Per building type. Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. FAÇADE REQUIREMENTS Ground Story Transparency, minimum Per building type. Measured per story. Note that Subsection 9-14-15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for information on measuring transparency. Number & Spacing of Entrances, minimum Type A Frontage One per ground story residential unit and one per every 50 ft. of facade for other uses. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 105 Packet Page 154 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Type B Frontage One per 75 ft. of facade. Entryway Configuration Off a stoop/platform, minimum 6 ft. wide and 3 ft. deep. Refer to Subsection 9-14- 32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade At least 80% of entrances and the ground story shall be either: within 30 in. (vertically) of adjacent street sidewalk average elevation OR between 30 in. and 5 ft. (vertically) with visible basement (transparency required) Ground Story Vertical Facade Divisions At least one expression line, minimum 2-inch deep, required per every 30 ft. of facade width. Figure 14-44. Stoop Base 9-14-24. SERVICE BASE The intent of the service base is to allow workshops for maker or manufacturing spaces with garage entrances and loading bays along Type C frontages, while maintaining pedestrian-friendly facades. The service base may be allowed per building type requirements. Where a service base is used, service base requirements supersede any building type requirements for the base portion of the ground-story, street facade. See Figure 14-45. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 106 Packet Page 155 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 USES ADDITIONAL/REFERENCES Allowed Uses Any use meeting the requirements of Chapter 9-6, B.R.C. 1981, except residential uses are prohibited. Refer to the building type requirements for occupied building space requirement. GROUND STORY HEIGHT Ground Story: Minimum Height Maximum Height 12 ft. 24 ft. Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. FAÇADE REQUIREMENTS Ground Story Transparency, minimum Type A Frontages 60% between 2 ft. and 10 ft. above adjacent sidewalk. Measured per story. Note that Subsection 9-14-15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for information on measuring transparency. Type B and C Frontages Consistent with building type requirement. Blank wall limitations apply only on Type A frontages. Number & Spacing of Pedestrian Entrances, minimum One per each 75-foot portion of street facade Allowed Garage Bays on Frontages, Number Type A Frontage: One per 90 ft. of Type A frontage facade Type B & C Frontage: One per 30 ft. Garage bay glass counts towards minimum facade transparency Opening/Door width, maximum 12 ft. wide Door Transparency, minimum Glass required between 2 ft. and 10 ft. above sidewalk; One-way glass allowed on Type B and C frontages Entrance/Ground Story Elevation Grade At least 80% of entrances and the full ground story shall either be within 30 in. (vertically) of adjacent street sidewalk average elevation OR between 30 in. and 5 ft. (vertically) with visible basement (transparency required on street facades). Visible basement transparency is not required below elevated loading bays with garage doors. Ground Story Vertical Facade Divisions At least one expression line, minimum 2-inch deep required per every 30 ft. of facade width Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 107 Packet Page 156 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-45. Service Base 9-14-25. CAP TYPES The major components of any roof shall meet the requirements of one or a combination of the cap types permitted for the building type pursuant to the building types requirements of Sections 9-14-16 through 9-14-21, B.R.C. 1981. (a) Minor Roofs. Roofs for bay or bow windows, porches, canopies, and dormers are not required to meet the standards of a cap type. (b) Terraces, Green Roofs, Rooftop Gardens, and Other Outdoor Rooftop Facilities. Terraces, green roofs, rooftop gardens, and other outdoor facilities are allowed on any roof; however, the roof and any vertical elements of the outdoor facilities shall be consistent with the standards of a cap type. (c) Encroachments. Roofs, including all eaves or overhangs, shall be fully located within the property lines of the lot, but may encroach into yards consistent with the standards in Section 9-7-3, “Setback Encroachments,” B.R.C. 1981. (d) Pitched Cap Type. The pitched cap type has a sloped or pitched roof. Slope is measured with the vertical rise divided by the horizontal span or run, as shown in Figure 14-46. Examples of Pitched Cap Type. (1) Pitch Measure. The roof shall not be sloped less than 4:12 (rise:run) or more than 14:12. Slopes less than 4:12 are permitted to occur on second story or higher roofs. (2) Configurations. (A) Gambrel, hipped, gabled, or a combination of hips and gables with or without dormers are permitted. (B) Butterfly (inverted gable roof) and shed roofs are permitted. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 108 Packet Page 157 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (C) Mansard roofs are permitted, provided dormers meeting the transparency requirement of a story are incorporated into the roof design. (3) Parallel Ridge Line. A gabled end or perpendicular ridge line shall occur at least every 100 feet of the roof when the ridge line runs parallel to the front lot line. See Figure 14-46. Examples of Pitched Cap Type. (4) Roof Height. Roofs without occupied building space or dormers shall have a maximum height on Type A and Type B frontage facades equal to no more than 1.5 times the upper story floor-to-floor height used on the building. (5) Occupied Building Space. Occupied building space may be incorporated within the pitched cap type. If occupied, the space counts as a half story. (6) Rooftop Appurtenances. Any rooftop appurtenances shall be recessed within the pitched roof with no visibility when viewed from the sidewalk across the street and from any adjacent outdoor space. See Figure 14-47. Recessed Mechanicals in Pitched Cap Type. See Section 9-14-33, "Mechanical and Utility Elements," B.R.C. 1981, for additional requirements. Figure 14-46. Examples of Pitched Cap Type Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 109 Packet Page 158 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-47. Recessed Mechanicals in Pitched Cap Type (e) Parapet Cap Type. A parapet is a low wall projecting above a building's roof along the perimeter of the building as shown in Figure 14-48. Example of a Parapet Cap Type. (1) Parapet Height. Parapet height is measured from the top of the upper story to the top of the parapet. (A) General Parapet Heights. Minimum parapet height is two feet with a maximum height of six feet. (B) Parapets Exceeding Maximum Height. The approving authority may approve a parapet causing the building height to exceed the maximum permitted height if the approving authority finds the standards for parapet walls of Section 9-7-7, B.R.C. 1981, are met. (2) Horizontal Expression Lines. An expression line that is at least two inches deep and extends along at least eighty percent of the facade shall define the parapet from the upper stories of the building and shall define the top of the cap. (3) Occupied Building Space. No building shall have occupied space behind a parapet cap. (4) Roof Terraces and Roof Decks. Roof terraces and roof decks are permitted on the parapet cap type. (5) Rooftop Appurtenances. Any rooftop appurtenances shall be located towards the rear or interior of the parapet roof. The parapet shall screen the mechanicals when viewed from the sidewalk across the street and from any adjacent outdoor space. See Section 9-14-33, "Mechanical Equipment & Appurtenances," B.R.C. 1981, for additional requirements. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 110 Packet Page 159 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-(48). Example of a Parapet Cap Type (f) Flat Cap Type. The flat cap type has a visually flat roof with overhanging eaves as shown in Figure 14-49. Example of a Flat Cap Type. (1) Configuration. The roof shall have no visible slope from the street, and eaves are required on all Type A and Type B frontage facades. (2) Eave Depth. Eave depth is measured from the building facade to the outside edge of the eave. Eaves shall have a depth of at least fourteen inches. (3) Eave Thickness. Eaves shall be a minimum of six inches thick. Eave thickness is measured at the midpoint of the eave depth, from the bottom of the eave to the top of the eave. The measurement may be taken from a structural support element of the eave to the top of the eave, provided the structural support element occurs at least every four feet along the entire length of the eave. (4) Interrupting Vertical Walls. Vertical walls may interrupt the eave and extend above the top of the eave with no discernible cap if the following requirements are met: (A) No more than one-third of the front facade shall consist of an interrupting vertical wall. (B) Vertical walls shall extend no more than six feet above the top of the eave. See Figure 14-49) Example of a Flat Cap Type. (5) Occupied Building Space. No building shall have occupied space behind a flat cap. (6) Roof Terraces and Roof Decks. Roof terraces and roof decks are permitted on the flat cap type. (7) Rooftop Appurtenances. If the interrupting vertical wall is utilized, any rooftop appurtenances shall be located behind the vertical wall with no visibility when Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 111 Packet Page 160 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 viewed from the sidewalk across the street and from any adjacent outdoor space. If no interrupting vertical wall is utilized, rooftop appurtenances shall be located such that the mechanicals are not visible when viewed from the sidewalk across the street or from any adjacent outdoor space. See Section 9-14-33, "Mechanical Equipment & Appurtenances," B.R.C. 1981, for additional requirements. Figure 14-49. Example of a Flat Cap Type (g) Towers. A tower is a vertical element, polygonal (simple), rectilinear, or cylindrical in plan that shall only be used with other cap types. See Figure 14-50. Example of a Tower. (1) Additional Height. Towers may add a single story of additional height beyond the maximum height allowed per building type, however, a tower may not exceed a maximum height of fifty-five feet. (2) Tower Width. The maximum tower width along all facades shall be one-third the width of the front facade or fifteen feet, whichever is less, and may not occupy more than 25% of the roof area. See Figure 14-50. Example of a Tower. (3) Transparency. Towers that meet the minimum floor-to-floor height of the building type shall meet the minimum transparency requirements of the building. (4) Horizontal Expression Lines. A minimum two inches deep expression line is required at the cap of the tower. (5) Occupied Building Space. Towers with minimum floor-to-floor heights required by the building type shall be occupied space and may contain any of the uses allowed in upper stories of the building type to which it is attached. (6) Rooftop Appurtenances. No rooftop appurtenances are permitted on tower roofs. (7) Tower Cap. The tower shall be capped by a cap permitted on the building per the building type. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 112 Packet Page 161 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-50. Example of a Tower 9-14-26. MEASUREMENT OF BUILDING TYPE REQUIREMENTS The standards outlined in the tables in Sections 9-14-16 through 9-14-21, B.R.C. 1981, applicable to each building type, shall be measured and calculated consistent with the following standards: (a) Minimum Type A Frontage Streetwall Coverage. The minimum percentage of building facade along the Type A frontage of a lot is measured as follows: (1) Measurement. The minimum Type A frontage streetwall shall, at a minimum, equal the width of the principal structures, as measured within the minimum and maximum setback along the frontage, divided by the length of the frontage parallel to the property line following the street minus setbacks along perpendicular property lines. Refer to Figure 14-51. Minimum Type A Frontage Streetwall. (2) Courtyards. For some building types, courtyards located along the facade in the frontage setback count towards the minimum coverage. Refer to building type requirements of Sections 9-14-16 through 9-14-21, B.R.C. 1981. (3) Outdoor Space Type. Open spaces meeting the requirements of one of the outdoor space types established in this chapter are exempt from the minimum Type A frontage streetwall requirement. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 113 Packet Page 162 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-51. Minimum Type A Frontage Streetwall (b) Frontage Setback. The minimum to maximum frontage setback shall be calculated and measured as follows. Refer to Figure 14-52. Frontage Setbacks. (1) Measurement. If the frontage is a Type A, B, or C frontage along a transportation improvement or waterway, the minimum and maximum frontage setbacks are measured from the outside edge of an easement for the transportation improvement or waterway, or, if no easement exists, from the parcel or lot line abutting the transportation improvement or waterway, as applicable. If the frontage is along a required outdoor space, the minimum and maximum frontage setbacks are measured from the outside edge of an easement for the outdoor space, or, if no easement exists, from the parcel or lot line abutting to the outdoor space, or if not within a separate parcel or lot, from the outer edge of the outdoor space as delineated on the site plan. (2) Height. All building facades located within the frontage setback shall meet the minimum building height of the building. (3) Encroachments. Awnings, architectural projections, balconies, and building mounted signage may extend beyond the frontage setback into any yard area but shall not extend into the street right-of-way or public easement unless approved with a revocable permit or lease, as applicable. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 114 Packet Page 163 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-52. Frontage Setbacks (c) Limited Side Yard Parking. Where allowed by building type, parking may be located in the interior side yard, consistent with the following requirements: (1) The limited side yard parking lot is located fully in an interior side yard. (2) The limited side yard parking is configured as one double- or one single-loaded aisle of parking and the centerline of the aisle is located perpendicular to the street. (3) The limited side yard parking is not located on corners in any street yard. (4) No more than one limited side yard parking lot per building is located along any street frontage. (5) The limited side yard parking lots is not located next to another limited side yard parking lot. (d) Maximum Site Impervious and Additional Semi-Pervious Coverage. Site impervious and additional semi-pervious coverage shall be calculated and measured as follows. Refer to Figure 14-53. Site Impervious and Semi-Pervious Coverage. (1) Maximum Site Impervious Coverage. The maximum site impervious coverage is the maximum percentage of a lot permitted to be covered by structures, pavement, and other impervious surfaces. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 115 Packet Page 164 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Additional Semi-Pervious Coverage. In addition to the allowable impervious coverage on a site, a maximum amount of additional semi-pervious coverage is permitted. Figure 14-53. Site Impervious and Semi-Pervious Coverage (e) Overall Minimum and Maximum Height. (Refer to Figure 14-54. Measuring Stories with Floor-to-Floor Height). (1) Minimum Overall Height. Each building type requires a minimum number of stories. The building must meet the minimum required height along all Type A frontage facades and measured a minimum of thirty feet deep into the building. (2) Maximum Overall Height. Maximum heights are specified both in number of stories and overall dimension. This requirement applies to the entire building. (A) Towers. Where specifically allowed in the building type tables, Sections 9-14-16 through 9-14-21, B.R.C. 1981, towers may exceed the overall maximum height of the building type per subsection (f) of Section 9-14- 25, "Cap Types," B.R.C. 1981. Towers shall not exceed the maximum height per section 84 of the charter of the City of Boulder. (B) Cap Type. Where specified in subsection (f) of Section 9-14-25, "Cap Types," B.R.C. 1981, certain cap types may allow additional height. (C) Maximum Heights per the City Charter. Under no circumstances may any building or structure exceed the height limitations established in section 84 of the charter of the City of Boulder. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 116 Packet Page 165 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D) Height Measurement Standards. Height shall be measured consistent with height measurement standards of Section 9-7-5, "Building Height," B.R.C. 1981, and the definition of "height" within Section 9-16-1, "General Definitions," B.R.C. 1981. (E) View Corridors. Height is subject to additional limitations where maximum heights are restricted pursuant to the regulating plan to preserve a view corridor. Refer to Sections 9-14-6, "Regulating Plans," and 9-14-7, "View Corridors," B.R.C. 1981. (3) Two Half Stories. If a building has both a half story within the roof and a half story that is partially above and partially below grade, the combined height of the two half stories shall be considered one full story. (f) Minimum and Maximum Height per Story. Each story is measured with a range of permitted floor-to-floor heights. Refer to Figure 14-54. Measuring Stories with Floor-to- Floor Height. (1) Measurement. Story height shall be measured in feet between the floor of a story to the floor of the story above it. Minimum and maximum floor-to-floor heights are required to be met along facades for a minimum of eighty percent of each story. (2) Single Story Buildings and Top Story Measurement. For single story buildings and the uppermost story of a multiple story building, the minimum floor-to-floor height shall be one foot less than that required per building type. The measurement shall be from the floor of the story to the ceiling. (3) Mezzanines. Mezzanines may be included within the floor-to-floor height of any story. Mezzanines occupying more than thirty percent of the floor area below and extending above the story's allowable floor-to-floor height shall count as an additional story and shall meet transparency requirements in subsection (e)(5), below. (4) Taller Spaces. Spaces exceeding the allowable floor-to-floor heights of the building type are permitted on any facade., On Type A and B frontage facades, the taller space is limited to no more than 35% of the length of the façade or 35 feet, whichever is less. Taller spaces may not exceed the total height of the surrounding stories, and the façade meet the transparency requirements of the surrounding stories. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 117 Packet Page 166 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-54. Measuring Stories with Floor-to-Floor Height (g) Minimum Required Transparency. Per the requirements of each building type, a minimum amount of transparency is required on all stories of street, courtyard, and public way facades. (1) Measurement. Minimum facade transparency is measured from floor-to-floor of each story separately, except for required minimum ground story transparency (refer to Paragraph 9-14-26(g) (4), B.R.C. 1981, below). Refer to Figure 14-55. Measuring Minimum Facade Transparency. Transparency requirements shall be met with windows meeting the standards for transparency as defined in Section 9- 14-8, "Definitions," B.R.C. 1981. The measurement may include the frame, mullions, and muntins, but shall not include trim or casing. (2) Blank Wall Segments. No rectangular area greater than thirty percent of the story's facade, as measured floor to floor, shall be without transparency, and no horizontal segment of a story's facade greater than fifteen feet in width shall be without transparency. Refer to Figure 14-56. Measuring Blank Wall Limitations. (3) Exception. When the facade of any story is located less than six feet from another parallel building facade, no minimum transparency is required for that story. (4) Minimum Ground Story Transparency. When required by the building type tables of Sections 9-14-16 through 9-14-21, B.R.C. 1981, ground story transparency shall be measured between two feet and either eight or ten feet, as specified per building type, from the average grade at the base of the facade. The minimum ground story transparency requirements supersede the minimum transparency required for the building type. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 118 Packet Page 167 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) Mezzanines. Mezzanines shall be treated as a separate story and include the required upper story transparency amounts. (6) Tall Stories. Stories that are eighteen feet or taller in height shall include additional transparency consistent with the following standards. Refer to Figure 14-57. Transparency on Tall Stories. (A) Separate Ground Story Transparency Required. When a separate minimum ground story transparency is required per the building types requirements of Sections 9-14-16 through 9-14-21, B.R.C. 1981, the facade design shall fulfill that requirement in addition to a minimum of twenty-five percent transparency for the remainder of the ground story. (B) No Separate Ground Story Transparency Required. Except on a ground story facade to which a Type A frontage ground story facade transparency requirement applies, a tall story shall be treated as two separate stories, divided in half horizontally, with the minimum transparency per story applied to each half. (7) Half Stories. All half stories located within the roof structure and within visible basements are required to meet the minimum required transparency. Figure 14-55. Measuring Minimum Facade Transparency Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 119 Packet Page 168 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-56. Measuring Blank Wall Limitations Figure 14-57. Transparency on Tall Stories Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 120 Packet Page 169 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (h) Minimum Number of Required Entrances. Entrances shall be provided consistent with the entrance location and number requirements established for the building type and consistent with Figure 14-58. Number of Required Entrances. Figure 14-58. Number of Required Entrances BUILDING DESIGN 9-14-27. APPLICABILITY AND INTENT OF BUILDING DESIGN REQUIREMENTS (a) Intent. The intent of the requirements in Sections 9-14-27 through 9-14-33, B.R.C. 1981, is to implement the vision for the area as defined in adopted plans for the area, create a sense of place and community, elicit simple, honest, high quality, durable buildings of appropriate scale and massing that are visually interesting, aesthetically pleasing, create a sense of permanence, and are human scaled to enhance the pedestrian experience. (1) Simple. Simple means the building design is organized and easy-to-comprehend through the use of repetition, regularity, and a clear hierarchy. (2) Honest. Honest means the building is easily interpreted by the casual observer. Entrances, floors, and building use are apparent and the form of the building follows the function. The overall bulk and mass of the building clearly represents the structure, spatial layout, and materiality. (3) Human-Scaled. Human-scaled means the buildings are scaled to proportions comfortable to people. Typically, human-scaled buildings have smaller building material units, architectural detailing to accentuate building elements, and a predictable rhythm to the facade pattern. This design approach is used particularly on the ground story where people walk adjacent to the building. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 121 Packet Page 170 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Applicability. The requirements of Sections 9-14-27 through 9-14-33, B.R.C. 1981, establish general building design requirements applicable to all buildings located on a property designated in Appendix L, "Form-Based Code Areas," regardless of the building type. No person shall use or develop land in such areas except in conformance with the requirements of Sections 9-14-27 through 9-14-33, B.R.C. 1981, unless an exception has been granted pursuant to Subsection 9-2-16(i), B.R.C. 1981. 9-14-28. FACADE MATERIALS (a) Intent. The intent of the facade materials standards of this section is to: (1) Provide minimum material standards to ensure use of well-tested, high quality, durable, weather-resistant, exterior grade, preferably natural materials on the majority of finished surfaces, while permitting a wider range of materials for details. High quality materials can improve quality of buildings in that they weather well, have a low failure rate, require a low level of maintenance, and create buildings with a longer life cycle and a sense of permanence; (2) Limit the number of facade materials to promote simpler, clearly articulated facades; and (3) Encourage a high level of detail from smaller scaled, less monolithic materials in order to relate facades to pedestrians, especially at the ground level. (b) Major Materials. The major material requirements of this section may be met only with materials listed as allowed major facade materials in Table 14-8, “Allowed Major Facade Materials,” for the relevant form-based code area. See Figure 14-59. Examples of Allowed Facade Materials. (1) Type A Frontages. A minimum of eighty percent of each Type A frontage facade, not including window and door areas, shall be composed of major materials, as specified in this section. (2) Type B and C Frontages. A minimum of sixty percent of each Type B and C frontage facades, not including window and door areas, shall be composed of major materials, as specified in this section. (3) Simplicity of Surface Materials. To meet the major façade materials requirements of this section, a minimum of sixty percent of each Type A, B, and C facade, not including window and door areas, shall be faced of a single major material. In Boulder Junction I and Alpine-Balsam, architectural metal panel systems shall not be used to meet this standard. (4) Corners of Buildings. Where Type A, B, or C facades are located perpendicular to a rear, interior side, or rail corridor facade, the major materials on the Type A, Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 122 Packet Page 171 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B, or C facade shall be continued around the corner along the perpendicular facade for a minimum of thirty feet. (c) Prohibited Materials. The materials listed in Table 14-11, “Prohibited Materials,” are prohibited on any building facade. See Figure 14-60. Examples of Prohibited Facade Materials. (d) Minor Materials. Minor materials may be installed on the remaining facade areas of the building not required to meet major material requirements. Minor materials are materials listed as allowed minor facade materials in Table 14-9, “Allowed Minor Facade Materials,” for the relevant form-based code area. (e) Details and Accents. Detail and accent materials listed in Table 14-10 may be installed as a detail or accent on any facade. The approving authority may allow other details and accent materials that are similar in quality and durability to those listed in Table 14-10, “Allowed Detail & Accent Materials.” (f) Solar Panels. Where solar panels are mounted on any facade, any major or minor facade material may be used on that facade, provided the material is not visible through the panels. TABLE 14-8. ALLOWED MAJOR FACADE MATERIALS BOULDER JUNCTION I ALPINE- BALSAM EAST BOULDER MAJOR FACADE MATERIAL (alphabetical) ALL BUILDING TYPES ALL BUILDING TYPES GENERAL, ROW BUILDINGS WORKSHOP BUILDINGS Brick full dimensional, unit, face brick A A A A Brick economy size (larger than 3 inches in height) Limited to rear, alley, and rail corridor facades A A Concrete Masonry Units, Architectural architectural, minimum 3-inch depth, “artisan stone” look, varied sizes, “stone” face, “hewn stone”, rock cut; with complementary trim pieces and finished corner units; integral color – – A A Concrete Masonry Units minimum 3-inch depth, split- faced, burnished/ground face, glazed, or honed Limited to rear, alley, and rail corridor facades Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 123 Packet Page 172 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Fiber Cement Board panels, finished lap siding or shingles Row Building only A Glass curtain wall A – A A Metal, Architectural architectural panel, cladding system (steel, titanium, zinc) A On rear, alley, and Type B facades only A A Metal, Corrugated, Other ribbed, corrugated, sheet – – On rear, alley, rail corridor, and Type C facades only Solar Facade System PV cladding system or rainscreen system A – A A Stone natural, units A A A A Stucco cement-based, 2–3-layer hard coat On rear, alley, and Type B facades only A Terra Cotta or Ceramic tiles or panels, rainscreen system – – A A Wood painted, stained, treated, natural, or aged lap siding, shingles, board & batten A A A A Wood, Composite lap siding, shingles, board & batten, rainscreen system A A A A KEY: A = Allowed Major Material – = Prohibited TABLE 14-9. ALLOWED MINOR FACADE MATERIALS BOULDER JUNCTION I ALPINE- BALSAM EAST BOULDER MINOR FACADE MATERIAL (alphabetical) ALL BUILDING TYPES ALL BUILDING TYPES GENERAL, ROW BUILDINGS WORKSHOP BUILDINGS Brick thin, veneer – – – a Concrete Surfaces, Unfinished untreated, unstained, unpainted – – – a Concrete Surfaces, Finished stained, painted, treated – – a a Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 124 Packet Page 173 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Concrete Masonry Units, Architectural architectural, minimum 3-inch depth, “artisan stone” look, varied sizes, (Echelon Masonry or approved equal), “stone” face, “hewn stone,” rock cut a a a a Concrete Masonry Units minimum 3-inch depth, split-faced, burnished/ground face, glazed, or honed, a a a a Fiber Cement Board finished panels a - Upper stories only a Glass curtain wall a a a a High-Pressure Laminate (HPL) panels, rainscreen system – – a a Metal Architectural architectural panel, cladding system (steel, titanium, zinc, corten, steel) a a a a Metal, Aluminum Composite aluminum composite materials (ACM) or panels (ACP) – – – a Metal, Corrugated, Other ribbed, corrugated, sheet – – a a Stucco cement-based, 2–3-layer hard coat a a a a Terra Cotta or Ceramic tiles or panels a a a a KEY: a = Allowed Minor Material – = Prohibited TABLE 14-10. ALLOWED DETAIL & ACCENT MATERIALS All allowed major and minor facade materials may be used for details, trim, and accents. Concrete Details precast stone ornamentation, lintels, sills, banding, columns, beams Fiber Cement Details trim, soffits Metal Details trim, ornamentation, lintels, beams, columns Wood and Wood Composite Details painted/treated trim, soffits, other approved details Vinyl Details limited to soffits, window trim; minimum .04 inches thick Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 125 Packet Page 174 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TABLE 14-11. PROHIBITED MATERIALS Concrete Surfaces, Unfinished (except as allowed in Table 14-9) untreated, unstained, unpainted Fiberglass and Acrylic Panels All Glass Block All Plastic Panels all, including high-density polyethylene, polyvinyl chloride (PVC), and polycarbonate panels Stucco or Synthetic Stucco Moldings & Assemblies trim, sills, cornices, banding, columns, pilasters or other 3-dimensional decorative details Synthetic Stucco Surfaces all Vinyl & PVC Siding all Wood unfinished, untreated plywood siding or panels Figure 14-59. Acceptable Materials Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 126 Packet Page 175 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-60. Unacceptable Major Materials (d) Other Materials with Approval. Materials that are not listed in this section for its proposed application as an allowed major material or allowed minor material may not be installed on any facade unless approved by the approving authority pursuant to this subsection (d). (1) The approving authority may approve facade materials that are not listed in this section for its proposed application if the applicant demonstrates the material in its proposed application meets the intent of the facade material standards described in subsection (a) of this section. Samples and examples of successful high quality local installation shall be provided by the applicant. 9-14-29. BUILDING CONSTRUCTION QUALITY (a) Intent. The intent of the building construction quality requirements is to advance the quality of construction, durability, and aesthetics of new buildings, specifically related to application and detailing of facade materials. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 127 Packet Page 176 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Changes in Material. Changes in vertical surface materials shall meet the following standards: (1) Changes in Surface Materials. Changes in surface materials, whether major materials or minor materials, shall occur only at concave corners, where the distance to the next generally parallel facade plane is a minimum of eight inches. Surface materials are materials intended to cover the facade surface (such as unit materials, siding, stucco, panels) and do not include detail materials, such as but not limited to cast stone for lintels or cornices, exposed metal beams, or any material used to create an expression line. See Figure 14-61. Diagram of Allowable Changes in Surface Materials. (2) Materials Hierarchy. Unit materials shall be elevated from the face of the building above less detailed, surface materials. For example, stucco, as a constant surface material, shall be recessed behind a bricked surface. (3) Shadow Lines on Surfaces. Shadow lines shall be created with solid materials of a depth that is greater than two inches, such as cast stone, masonry, or stone. For example, cast stone pieces may be offset to create a shadow, where the convex corner of the piece is used to create the corner of the detail. (c) Appropriate Grade of Materials. Except on row buildings, all doors, windows, and hardware shall be of commercial quality. (d) Applique Materials. Materials with thickness of less than two and a half inches, including but not limited to stucco, shall not be used or formed to create expression lines. (e) Stucco Installation. Stucco, when allowed, shall be of the highest installation quality, meeting the following criteria: (1) Contractor Submittal. The contractor utilized for installing the stucco shall have a minimum of five years’ experience with a minimum of at least thirty projects. The applicant shall submit as part of the design review application the contractor name, address, experience level, including years and number of projects, and examples of installations within the last five years. Examples of installation shall be of high-quality installations meeting the requirements of this subsection (e). (2) Jointing. All stucco joints shall be aligned along the facade in the pattern shown on the elevations submitted for the design approval. Joints shall also align with the locations of windows and doors and other changes in material. (3) Construction. The stucco wall assembly shall be indicated on the plans specifying stucco type and construction. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 128 Packet Page 177 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-61. Diagram of Allowable Changes in Surface Materials 9-14-30. BUILDING ARTICULATION (a) Intent. The intent of this section is to require building design that achieves balanced and articulated building composition, a perceived intimate scale of buildings, and pedestrian interest. (b) Articulation of the Base. With the exception of entryways, the ground story of a building with a required storefront pursuant to Section 9-14-6 "Regulating Plans," B.R.C. 1981, shall not be recessed more than eighteen inches from the second story facade. (c) Building Facade Variety. See Figure 9-14(52). Illustrations of Building Massing and Articulation. All buildings 120 feet in width or greater along any Type A, B, or C frontage shall fulfill the following requirements: (1) Increments. Each Type A, B, or C frontage facade shall be varied in segments less than or equal to ninety feet. (2) Requirements. Each facade segment shall vary by the type of dominant material or by color, scale, or orientation of that material, and by at least two of the following: (A) The proportion of recesses and projections. within the frontage setback. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 129 Packet Page 178 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) The location of the entrance and window placement, unless storefronts are utilized. (C) Roof type, plane, or material, unless otherwise stated in the building type requirements. (D) Building heights. (3) Alternative Method of Compliance. The reviewing authority may approve a facade design that does not meet requirements of this subsection (c) if the applicant demonstrates that the proposed design achieves the intent of the building articulation requirements of this section without meeting the building facade variety requirements. The applicant shall submit fully rendered elevations and 3-dimensional drawings of all streets, paseo and multi-use path facades with materials samples for all surfaces to demonstrate that the intent of this section is met. 9-14-31. BUILDING MASSING (a) Intent. The goals of the building massing standards are to ensure an appropriate perceived scale of buildings from the public ways — breaking up large buildings in a simple way to ensure a human-scaled place and to provide a high level of permeability to all blocks. (b) Buildings over Forty Feet in Height. See Figure 14-52. Illustrations of Building Massing and Articulation. With the exception of the civic building in Alpine-Balsam, any building of the project over forty feet in height and not utilizing a pitched cap on at least sixty percent of the roof shall meet the following standards: (1) Varied Building Heights. A minimum of thirty percent of the total footprint of all buildings combined on the site shall be at least one story lower than the tallest portion of the building footprint, not including towers. (A) Along Type A Frontages. A portion of the lower height shall occur along at least one Type A frontage. (B) Stepped-Back Facade. The requirement for varied building heights in paragraph (b)(1), above, shall not be met by a linear stepping-back of the facade along the top story, but shall constitute a change in massing of the building. (C) Pitched Roofs. The lower height area may include a pitched roof with or without a half story beneath. The half story may not exceed 65% of the floor area of each of the stories below the half story. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 130 Packet Page 179 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D) Terraces. Roof areas on lower height portions of buildings may be occupied by roof terraces; however, areas of the terraces covered by permanent roof structures do not count as a lower story for the purposes of this requirement. Figure 14-52. Illustrations of Building Massing and Articulation 9-14-32-. BUILDING FACADE ELEMENTS (a) Windows. Windows on all buildings shall be constructed consistent with the following requirements: (1) Amount. Each building shall meet the transparency requirements applicable to the building type pursuant to Sections 9-14-16 through 9-14-21, B.R.C. 1981. (2) Recessed. All windows, with the exception of ground story storefront systems, shall be recessed with the glass a minimum of two inches back from the facade surface material or adjacent trim. (3) Vertically Oriented. All windows on Type A, B, and C frontage facades shall be vertically oriented unless the following standards are met: (A) Upper Stories. Horizontally oriented windows may be used for up to thirty percent of the total transparency area of each upper story. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 131 Packet Page 180 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Window and Height Location. Horizontally oriented windows may be used if the height of at least seventy-five percent of the windows is a minimum of five feet, and the windows are located no more than three feet above the interior floor level. (4) Visibility Through Glass. Reflective glass is prohibited on Type A, B, and C frontage facades. Windows shall meet the transmittance and reflectance factors established in the transparency definition of Section 9-14-8 "Definitions," B.R.C. 1981. (5) Expressed Lintels. Lintels shall be expressed above all windows and doors by a change in brick coursing or by a separate element. See Figure 14-63. Vertically Oriented Windows with Expressed Lintels. Figure 14-63. Vertically Oriented Windows with Expressed Lintels (b) Awnings, Canopies, & Light Shelves. On Type A, B, and C frontage facades, awnings, canopies, and light shelves shall be constructed consistent with the requirements of this subsection. See Figure 14-64. Examples of Permitted Awnings. (1) Encroachment. Awnings, canopies, and light shelves shall not extend into a city right-of-way or easement except consistent with the requirements of Section 8-6- 6, "Requirements for Revocable Permits, Short-Term Leases and Long-Term Leases," B.R.C. 1981. (2) Attached Awnings & Canopies. Awnings and canopies that are attached to the building and could be removed shall meet the following standards: (A) Material. All awnings and canopies shall be canvas or metal. Plastic awnings are prohibited. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 132 Packet Page 181 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Solar Panels. Solar awnings or canopies are allowed. (C) Shapes. Waterfall or convex, dome, and elongated dome awnings are prohibited. (D) Lighting. Backlit awnings are prohibited. (E) Structures. Frames shall be metal and shall be wall mounted. Support poles are prohibited unless utilized for outdoor eating areas over eight feet in depth. (F) Multiple Awnings on the Facade. When more than one awning is mounted on a facade, the awning types and colors shall be coordinated by matching the color, shape, material, or other element. (3) Canopies & Light Shelves. Permanent canopies, projections, or overhangs used as architectural features, light shelves, or shading devices are permitted, subject to materials standards of Section 9-14-28, "Facade Materials," B.R.C. 1981. (4) Clearance. All portions of any awning, canopy, or light shelf shall provide at least eight feet of clearance over any walkway and shall not extend over any driveway. Figure 14-64. Examples of Permitted Awnings Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 133 Packet Page 182 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) Balconies. On a Type A frontage facade, any balconies shall meet the requirements of this subsection (c), and false balconies are prohibited. On Type B and Type C frontage facades, any balconies shall meet the requirements of this subsection (c) or be false balconies. See Figure 14-65. Examples of Balconies. (1) Balcony Requirements. Balconies shall meet the following: (A) Definition. For the purpose of this subsection (c), balconies shall include any roofed or unroofed platform that projects from the wall of a building above grade and is enclosed only by a parapet or railing. (B) Size. Balconies shall be a minimum of four feet deep and five feet wide. (C) Integrated Design. A minimum of thirty-five percent of the perimeter of each balcony shall abut an exterior wall of the building, partially enclosing the balcony. The balcony support structure shall be integrated with the building facade; separate columns or posts supporting any balcony from the ground are prohibited. (D) Platform. The balcony platform shall be at least three inches thick. Any underside of a balcony that is visible from any public way shall be finished. (E) Facade Coverage. No more than forty percent of Type A and Type B frontage facades, calculated separately for each facade, may be covered by balconies. The balcony area is calculated by drawing a rectangle around the platform or floor of the balcony, any columns or indentations, and any ceiling, roof, or upper balcony. (2) False Balconies. False balconies consist of a rail and door, and any outdoor platform less than eighteen inches in depth. The requirements of paragraph (1) of this subsection (c) do not apply to false balconies. Figure 14-65. Examples of Balconies Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 134 Packet Page 183 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) Shutters. If included in the design, shutters, whether functional or not, shall meet the following requirements: (1) Size. All shutters shall be sized for the windows, so that, if the shutters were to be closed, they would not be too small for complete coverage of the window. (2) Materials. Shutters shall be wood, metal, fiber cement, composite wood, or high- pressure laminate (HPL). Vinyl shutters are prohibited. Other "engineered" materials may be approved provided that the applicant submits a sample and examples of high quality, local installations of the material, installed a minimum of five years earlier and showing no degradation or wear of the material. (e) Principal Entryway. See Figure 14-66. Examples of Defined Principal Entryway. Principal entrances to buildings or units, with the exception of ground story storefront systems, are subject to the following: (1) Principal entrances shall be clearly delineated through at least two of the following design features: (A) Cap or Canopy. The entryway is covered by a cap or canopy differentiating it from the overall building cap. (B) Porch. The entryway is through a porch. (C) Sidelights and Transom. Sidelights or transom windows are included around the entryway. (D) Lighting Feature. The entrance is lit with a sculptural lighting feature or other unique lighting system visible during daylight. (E) Sculpture or Mural. The entryway is defined by a special art feature, either a sculpture or mural. (F) Extended Articulation. The entryway is included in a separate bay of the building that extends up at least two stories. (2) Other Design. The approving authority may approve a design that does not meet the standards of this subsection if the authority finds that the design adds emphasis and draws attention to the entryway. (3) Right-of-Way. Doors shall not swing into city right-of-way or easement. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 135 Packet Page 184 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-66. Examples of Defined Principal Entryway 9-14-33. MECHANICAL AND UTILITY EQUIPMENT (a) Intent. Mechanical equipment and utility equipment can have a negative visual impact and detract from the quality of the design of a building. The purpose of the standards of this section is to ensure that the visual impact of mechanical and utility equipment is minimized. (b) Mechanical Equipment in Building. Mechanical equipment shall be located within the building, unless the applicant demonstrates the equipment is necessary for the function of the building and locating the equipment within the building would conflict with the equipment's function. (c) Rooftop Mechanical Equipment. In addition to the meeting the requirements of Section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, any rooftop mechanical equipment, including without limitation vents, ventilators, skylights, and antennas, and excluding solar energy and wind energy conversion systems, shall meet the following standards: (1) Rooftop mechanical equipment shall be located consistent with one of the following methods: (A) Incorporate equipment into the roof design consistent with the applicable standards of Section 9-14-25, "Cap Types," B.R.C. 1981. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 136 Packet Page 185 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Set the equipment back a minimum of twenty feet from any Type A or B frontage facade. (d) Mechanical Equipment on Facades. Mechanical equipment shall not be located on a facade unless the applicant demonstrates that locating the equipment in a different location would conflict with the equipment's function. Any mechanical equipment on a facade, such as dryer vents, gas meters, and air conditioners, shall be located consistent with the following standards: (1) Facade. The mechanical equipment may be located on a non-Type A frontage facade. The equipment and appurtenances may be located on a Type A frontage facade only if the following requirements are met: (A) The equipment is located on a surface perpendicular to any right-of-way; (B) The equipment extends from the facade surface no more than three inches; and (C) The equipment is screened from the sidewalk. (2) Alignment. Multiple pieces of mechanical equipment shall be organized on the facade in a regular pattern and aligned. Compliance with this standard shall be illustrated on the drawing elevations submitted as part of the application. (3) Material Coordination. To the extent practicable, facade-mounted mechanical equipment shall be located on a material that limits their visibility. For example, dark colored vents will be more visible on light colored stucco than a textured, darker surface such as brick. (4) Screening. Mechanical equipment shall be screened from view unless the approving authority finds that such screening conflicts with the function of the equipment. The form, material, and color of the screening shall meet the following criteria: (A) Screening, other than landscaping, is consistent with the building design, colors, and materials; (B) The equipment is placed where it is least visible from adjacent streets; (C) The height of any screen is the minimum appropriate to adequately screen the mechanical equipment; and (D) Screening does not increase the apparent height of the walls of the building. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 137 Packet Page 186 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) No encroachment. Mechanical equipment shall not extend into any public right- of-way or easement. (e) Mechanical and Utility Equipment on Other Horizontal Surfaces. Mechanical equipment and utility equipment located on the ground, decks, or horizontal surfaces other than the roof, such as, but not limited to, electrical equipment and air conditioners, shall be located consistent with the following standards: (1) All equipment may be located in the parking yard or a Type B Street yard. (2) Equipment may be located in a side yard provided the side yard does not contain or abut a paseo. (3) All equipment shall be screened from view from any public way with landscaping, fencing, or walls consistent with the building design, colors, and materials. (4) The reviewing authority may approve mechanical or utility equipment to located on a Type A street or on a paseo only if the following conditions are met: (A) The applicant demonstrates that the equipment cannot be located in a parking yard, Type B Street yard, or in a side yard that does not contain a paseo. (B) The equipment is fully screened with a wall that is consistent with the building design, colors, and materials and of a height that is the minimum to adequately screen the equipment and that does not prevent the facade from fulfilling any transparency requirements. Section 13. Appendix L., “Form Based Code Areas,” to Title 9, “Land Use Code,” B.R.C. 1981, is repealed and replaced with Appendix L to Title 9 - “Form Based Code Areas” as shown in Exhibit A to this ordinance. Section 14. Appendix M. Form-Based Code, B.R.C. 1981, is repealed in its entirety to read as follows: APPENDIX M (Reserved) Section 15. The city council directs the city manager to add the effective date of this ordinance to Footnote 1 in Section 9-14-5, B.R.C. 1981, as anticipated by this ordinance. Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 138 Packet Page 187 of 903 K:\PLCU\o-8669 1st rdg East Boulder FBC & Relocating FBC from Appendix M to new Ch 9-14-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 16. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 17. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November 2024. ____________________________________ Aaron Brockett, Mayor Attest: __________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 5th day of December 2024. ____________________________________ Aaron Brockett, Mayor Attest: __________________________________ Elesha Johnson, City Clerk Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 139 Packet Page 188 of 903 Exhibit A to Ord. 8669Attachment A - Ordinance 8669 Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 140 Packet Page 189 of 903 Engagement Engagement SummarySummary Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 141 Packet Page 190 of 903 FBC Updates next steps 1. Project Update to Planning Board on October 3rd and City Council on October 12th 2. Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.Focus Group Sessions #2 Date: Wed., Sep. 13th, 2023 # of Participants: 6 Location: Brenton Building focus group Property Owners what we heardwhat we heard how will we use this input?how will we use this input? Focus Group input will be shared with Planning Board on October 3rd and City Council on October 12th. The input will be used to inform an East Boulder Zoning Inventory and Analysis report, identifying what code changes may be considered to implement the East Boulder Subcommunity Plan and improve both regulation and process for redevelopment in the East Boulder subcommunity. Focus Group Members included representatives from local and national ownership and development groups with East Boulder property interests. Members expressed the following interests in potential code updates related to: •Building Height »Heights up to 55’ were described by participants as essential to making redevelopment feasible for owners, particularly those whose parcels are impacted by the floodplain »Curious about whether the city would consider different method for measuring building height. Current method could put a fourth or fifth story inches from compliance and therefore make the project infeasible »How the height limit impacts the rooflines in recent FBC projects (flat roofs) •Improvements to the public realm »Lighting »Wayfinding and Signage »Art »Improved landscapes and streetscapes •Parking »Participants described the need to match parking with density and want the project to explore potential for more flexibility or even incentives to create appropriate parking Members expressed the following concerns about the FBC Review process: •A misconception that all FBC Review projects also have to go through Site Review •Concern that all FBC Review projects have been called up by Planning Board •Whether and how the FBC limits creativity Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 142 Packet Page 191 of 903 FBC Updates next steps 1. Project Update to Planning Board on October 3rd and City Council on October 12th 2. Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.Focus Group Sessions #2 Date: Wed., Sep. 13th, 2023 # of Participants: 4 Location: Brenton Building focus group Business Owners what we heardwhat we heard how will we use this input?how will we use this input? Focus Group members represented East Boulder businesses at a range of scales and industries – including a large local employer in manufacturing, a small local coffee roaster, and two performance venues in the arts. Many participants rent the space that houses their business. Members all expressed a love for their spaces and neighborhoods: •The area is affordable for commercial rental space, and this is a big driver for why they’ve been able to locate their businesses in this area and in Boulder in general. •Neighborhoods have social networks for entrepreneurs. Members expressed hope that code changes will include: •Maintaining space for existing uses such as industrial use and performance space •Allowing for some residential in the area so that business workers can have options to live near places of work. •Improved neighborhood amenities like parking, lighting, green/open space, more mobility connections, and options •Allowing manufacturing businesses to host on-site or nearby retail to sell products in the same neighborhoods where they are made. Members described the following concerns: •Whether redevelopment in the area will impact rental costs and how that will change the mix of businesses in the area as well as the opportunities for start- ups and first-time entrepreneurs •How landlords will react to new opportunities for redevelopment and whether they will lose their spaces or be charged higher rents •Whether Boulder culture will change enough to demand more robust transit access and options Focus Group input will be shared with Planning Board on October 3rd and City Council on October 12th. The input will be used to inform an East Boulder Zoning Inventory and Analysis report, identifying what code changes may be considered to implement the East Boulder Subcommunity Plan and improve both regulation and process for redevelopment in the East Boulder subcommunity. Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 143 Packet Page 192 of 903 FBC Updates next steps 1. Project Update to Planning Board on October 3rd and City Council on October 12th 2. Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.Focus Group Sessions #2 Date: Wed., Sep. 13th, 2023 # of Participants: 3 Location: Brenton Building focus group Mobility what we heardwhat we heard how will we use this input?how will we use this input? Focus Group members represented mobility service providers and local mobility advocates. Participants expressed appreciation for forward-thinking of including mobility issues and needs in updates, prior to working through mobility issues after redevelopment projects have already been designed and built. Members expressed the following interests in code updates: •The provision of space in redevelopment to include parking for shared mobility services such as scooters, bikes, e-bikes, etc. •Potential requirements for the provision of electricity or capability for future installation of electric utilities to support mobility options. •Potential for curbside management programs and space for pick-up/drop-off at redevelopment projects •Future-proofing streetscapes and transportation facilities – consider technology like autonomous vehicles and automated parking structures. •Creating and designing mobility hubs that could incorporate multitude of mobility options. Focus Group input will be shared with Planning Board on October 3rd and City Council on October 12th. The input will be used to inform an East Boulder Zoning Inventory and Analysis report, identifying what code changes may be considered to implement the East Boulder Subcommunity Plan and improve both regulation and process for redevelopment in the East Boulder subcommunity. Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 144 Packet Page 193 of 903 FBC Updates next steps 1. Project Update to Planning Board on October 3rd and City Council on October 12th 2. Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.Focus Group Sessions #2 Date: Wed., Sep. 13th, 2023 # of Participants: 4 Location: Brenton Building focus group Advocacy what we heardwhat we heard how will we use this input?how will we use this input? Focus Group members represented some local advocacy groups including: PLANBoulder, BetterBoulder, Boulder Housing Network, and the Boulder Area Rental Housing Association. Three of the four participants supported the overall vision for change in East Boulder neighborhoods; one participant did not want to see change or rezoning take place in the area. Some members hope that zoning changes in the area can address: •Creating a wider variety of housing options, particularly housing for families and middle housing product types •Neighborhood improvements such as the installation of pedestrian lighting, tree canopy, more vibrant building facades and active ground floor uses. •More opportunities for social interaction, such as stoops and balconies on buildings and green spaces throughout neighborhoods. Members expressed concerns about: •The potential for FBC to limit creativity or result in neighborhoods that all have the same look and feel. •Losing neighborhood character through prescriptive redevelopment regulations •Continued maintenance of the code so that we don’t end up with “dated” architectural styles in East Boulder •The potential for a rezoning to exclude an existing use or business. •How additional regulation would impact area landlords. •The threat of building transit-oriented development when RTD may not deliver on transit promises. Focus Group input will be shared with Planning Board on October 3rd and City Council on October 12th. The input will be used to inform an East Boulder Zoning Inventory and Analysis report, identifying what code changes may be considered to implement the East Boulder Subcommunity Plan and improve both regulation and process for redevelopment in the East Boulder subcommunity. Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 145 Packet Page 194 of 903 FBC Updates next steps 1.Project Update to Planning Board on October 3rd and City Council on October 12th 2.Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.TAC Session #2 Date: Tue., Sep. 12th, 2023 # of Participants: 11 Location: Brenton Building technical advisory committee (tac) what we heardwhat we heard how will we use this input?how will we use this input? Technical Advisory Committee members include professionals from the local design and construction community including architects, landscape architects, urban planners, and attorneys. Some participants appreciate the FBC for the following reasons: •Creates a more predictable review process. •Supports designers in efforts to convince clients to “do the right thing” or choose higher-quality design and/or material. •It does work to prevent bad architecture in the community. •Removes discretion from the process, saving time and money. Some participants shared the following concerns: •Whether the FBC is too rigid and specific, limiting opportunities for creativity. •Feels like yet another layer of review. •Misconception that all FBC projects still must go to Planning Board Participants shared the following hopes and recommendations for code updates: •The golden ratio requirement isn’t particularly effective, consider removing. •Develop a better understanding of the relationship between design and cost and how this ultimately impacts unit prices and rents. •Find a way to marry the predictability of the FBC with some flexibility or freedoms for creativity. •Allow the FBC to “learn” from requested exceptions and update with regularity. •Design features that could go over the 55’ height limit, like gables, towers, railing on top of parapets. •More information on design for public realm and interaction with the street •Update material requirements •Consider uses not predicted by the code – climbing gyms, children’s museums, something more iconic. •Include examples of creative buildings that meet Boulder’s FBC for inspiration to community and designers. •Tweaks based on recent experiences: »2” brick recesses »70% visibility is a problem with modern windows – consider 60% »Solar paneling as a cladding option for East Boulder – quasi-industrial look/feel TAC input will be shared with Planning Board on October 3rd and City Council on October 12th. The input will be used to inform an East Boulder Zoning Inventory and Analysis report, identifying what code changes may be considered to implement the East Boulder Subcommunity Plan and improve both regulation and process for redevelopment in the East Boulder subcommunity. Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 146 Packet Page 195 of 903 FBC Updates next steps 1.Project update and Questionnaire summary to Boulder Chamber Commercial Brokers group May 13 2.Technical Advisory Committee (TAC) meeting #3 to review recommended Draft FBC updates and proposed future zoning map June 10th 3.City Council Study Session Form-based code review June 13th 4.Planning Board Form- Based Code update review July 16th 5.Form-Based Code adoption Fall 2024 Date: March - April, 2024 # of Participants: 26 Location: Online/Staff Canvasing of EB Industrial Businesses business questionnaire what we heardwhat we heard how will we use this input?how will we use this input? The East Boulder Business Questionnaire was disseminated to businesses in industrial areas in East Boulder. City staff canvased these areas and encouraged and assisted businesses in completing the online questionnaire; and the link was shared on the project website and promoted through the Chamber of Commerce and the P&DS newsletter. These businesses represented a wide variety of business types in East Boulder, including breweries, auto services, theaters, and light manufacturing. Five of these businesses were minority-owned. Size needs •Most desired a floor area between 1,000 & 10,000 square feet About half desired 1,000 – 5,000 square feet About half desired 5,000 - 10,000 square feet •81% require ceiling heights greater than 10 feet Most of the 81% require 14 feet height or more •42% require HVAC equipment Door and Loading needs •85% require larger doors/entries •92% require a garage/roll up door •Most (65%) require some amount of loading/unloading ability. Windows and Visibility •34% have concerns about theft if there are increased window or transparency requirements •80% consider visibility and access for customers to be either somewhat or very important. Office Space •85% have businesses that include office space •The majority require 10% – 30% of floor space to be office space. Parking •62% say the current amount of parking they have is adequate. •69% report that they share their parking with neighboring businesses. Outdoor space •65% agree that outdoor space is needed for their business •Existing outdoor space is used for a variety of reasons, including: •production and repair •customers’ consumption of goods •display of products •staff breaks and meetings. •other reasons Other comments Desires: •Adequate parking and loading •Modular/flexible space •Sand trap drainage •Outdoor and indoor storage spaces •To stay in Boulder Concerns: •Being priced out with redevelopment •Leasing instead of owning •Adding residential to industrial areas Responses will be used to prepare the building space requirements included in the East Boulder areas that will be subject to Form Based Code in the future. Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 147 Packet Page 196 of 903 FBC Updates next steps 1.Technical Advisory Committee (TAC) meeting #3 to review recommended Draft FBC updates and proposed future zoning map June 10th 2.City Council Study Session Form-based code review June 13th 3.Planning Board Form- Based Code update review July 16th 4.Form-Based Code adoption Fall 2024 Date: May 13 , 2024 # of Participants: ~50 Location: Elevations Credit Union - 2960 Diagonal Hwy boulder chamber commercial brokers group presentation what we heardwhat we heard how will we use this input?how will we use this input? The project team met with the Boulder Chamber Commercial Brokers group to provide a project update and share the results of the East Boulder Business Questionnaire. The project team listened to additional feedback surrounding the needs of businesses in the area. Concerns from this group mirrored several of the concerns staff have been hearing from both the Technical Advisory Committee and Focus Group members. In addition, they were interested in expanding allowed uses in areas zoned as industrial. Many participants agreed with the feedback provided by participating businesses through the questionnaire. Some participants appreciate the FBC for the following reasons: •Creates a more predictable review process. •Removes discretion from the process, saving time and money. •Expands on the allowed uses in industrial-zoned areas. Some participants shared the following concerns: •FBC could be too rigid and specific, limiting opportunities for uses. •Desire for clients to be able to use spaces for a wider variety of business purposes. The meeting was an opportunity for commercial brokers to confirm or elaborate on the feedback staff heard from businesses through the questionnaire. This feedback will be used to prepare the space requirements included in the East Boulder areas that will be subject to Form Based Code in the future. Code in the future. Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 148 Packet Page 197 of 903 FBC Updates next steps 1. Project Update to Planning Board on October 3rd and City Council on October 12th 2. Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.Focus Group Sessions #2 Date: Wed., Jun. 5th, 2024 # of Participants: 3 Location: Online fbc draft office hours Public what we heardwhat we heard how will we use this input?how will we use this input? Three people attended Office Hours, which were held online. The participants were developers and property owners who were largely interested in specific aspects of the form-based code changes and how these would impact their future development projects. They brought up several concerns and suggestions related to this. The highlighted concerns were: •The 14’/15’ first-floor requirement and Boulder City’s 55’ height limit makes it incredibly hard to fit 5 stories in areas in which 5 stories are allowed. This is exacerbated when the property is in a floodplain. •Suggestions to mitigate for this included adding provisions for floodplain properties. •Set back requirements, specifically side and rear yard setbacks. •The lack of flexibility of uses for the 10% of the ground floor allocated for production business space – concern these spaces will remain vacant, rather than productive. •Suggestion to widen uses to include retail and restaurants. •Concern over loss of space with the 30% top floor design requirements creating less opportunity to maximize units in a space. This in turn, drives housing prices up and limits residential opportunities according to participants. Input will be used to further revise the Form-Based Code and will be presented to City Council and Planning Board for further consideration. 1.Technical Advisory Committee (TAC) meeting #3 to review recommended Draft FBC updates and proposed future zoning map June 10th 2.City Council Study Session Form-based code review June 13th 3.Planning Board Form- Based Code update review July 16th 4.Form-Based Code adoption Fall 2024 Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 149 Packet Page 198 of 903 FBC Updates next steps 1. Project Update to Planning Board on October 3rd and City Council on October 12th 2. Complete the East Boulder Zoning Inventory and Analysis Report by October 31st. 3.Draft potential code updates 4.Focus Group Sessions #2 Date: Mon., Jun. 10th, 2024 # of Participants: 5 Location: Online technical advisory council (TAC) Meeting #3 what we heardwhat we heard how will we use this input?how will we use this input? Technical Advisory Committee members include professionals from the local design and construction community including architects, landscape architects, urban planners, and attorneys. Staff presented an update of the Form-Based Code draft and asked for feedback. Overall, the TAC agreed with the form-based code updates, however they brought up several concerns and suggestions. The highlighted concerns were: • The 14’/15’ first-floor requirement and Boulder City’s 55’ height limit makes it incredibly hard to fit 5 stories in areas in which 5 stories are allowed. This is exacerbated when the property is in a floodplain. • Suggestions to mitigate for these issues included adding provisions for floodplain properties and lowering the height requirement of the 1st floor. •Concern about what the form-based code could mean for small redevelopments on PUD land. • The lack of flexibility of uses for the 10% of the ground floor allocated for production business space – concern these spaces will remain vacant, rather than productive. • Suggestion to widen uses to include retail and restaurants. • The design requirement for a 30% open space on the top floor of 5-story buildings. Unintended consequences could be the loss of potential housing and increased costs making building projects unfeasible. • For Flatiron Business Park, a suggestion was made to do focused small-scale commercial areas at nodes with residential surrounding them. Trying to include mixed-use on first floors of all buildings might be difficult. • Focusing on nodes might be more beneficial • Would be good to include required periodic updates to FBC over time Input will be used to further revise the Form-Based Code and will be presented to City Council and Planning Board for further consideration. 1.City Council Study Session Form-based code review June 13th 2.Planning Board Form- Based Code update review July 16th 3.Form-Based Code adoption Fall 2024 Attachment B - East Boulder Zoning Update Engagement Summary Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 150 Packet Page 199 of 903 Appendix L to Title 9 -Form-Based Code Areas -0 0::: Q) Cl (ll u5 l �I I .!!!. ..c 0 0 LL z Linden Ave November 11, 2021 (Ordinance 8484) Mapleto --- u5 u5 ..c 0) ..c -co ..... N u5 ..c Cl £ Q) ....J u5 ..c t=:: l[) z_ CJ) Independence Rd ..c 1----=--------'t=:'. l[) Sioux Dr � Appendix L Form-Based Code Areas City Limits Andru<o�0 u5 - <I) ..... co -0 0::: Q) cii I... Q) ..c () � Monarch Rd Lookout Rd __ , 2025 (Ordinance 8669). South Boulder Rd Mineral Rd u5 ..c LO "" u5 ..c Attachment C - Amended Appendix L Map Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 151 Packet Page 200 of 903 Boulder Planning Board 1777 Broadway Boulder, CO 80302 Re: Concerns Regarding the East Boulder Subcommunity Plan (Item 5a) Dear Members of the Boulder Planning Board, The Boulder Chamber is working with a coalition of numerous affected parties in the East Boulder Flatiron Park region and are writing to express our thanks for City Staff’s thoughtful engagement and commitment to ensuring a vibrant and sustainable East Boulder. We would like to outline several concerns regarding Agenda Item 5a in the spirit of improving outcomes and efficiency for all parties. Below is an outline of the concerns regarding the current direction of the East Boulder Subcommunity Plan, particularly the impacts of proposed policies on the community, businesses, and housing. While we understand and support the city's broader goals, we believe the following issues merit further attention and thoughtful reconsideration to ensure that the plan aligns with the needs and diversity of East Boulder’s business and residential communities. Mandatory Housing in East Boulder The inclusion of mandatory housing provisions in East Boulder, while aimed at increasing residential density, raises significant concerns. East Boulder’s character, particularly in areas like Flatiron Park, is predominantly industrial and research-driven, and mandatory housing requirements may disrupt these established uses. It is vital to maintain flexibility to allow the market to respond organically to housing needs without mandating it in areas where it may not be appropriate or feasible. During the community engagement exercises leading to the initial draft of the form-based code, the working groups concluded that housing must be optional, not mandatory. This directive has been echoed by City Council each time it has reviewed the proposed form-based code. This concept is still missing from the current draft, and this oversight should be remedied. Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 152 Packet Page 201 of 903 Mandatory Production Business Space While the idea of mandatory “production business space” is rooted in preserving the area's industrial and commercial nature, we worry that it may inadvertently limit other valuable uses. Flexibility is key here, allowing businesses the optionality to adapt space according to their needs without being constrained by rigid production space requirements. A more flexible approach would support a wider variety of businesses and allow East Boulder to evolve as a dynamic economic hub. Design Constraints and Incompatibility with R&D Use Many of the proposed design constraints, such as limitations on floor-to-floor heights, are incompatible with the needs of research and development (R&D) facilities, which make up a large portion of Flatiron Park's current use. R&D facilities often require higher ceilings, specialized infrastructure, and other design accommodations that are not accounted for in the current proposal. These constraints could stifle innovation and drive R&D companies away from Boulder, weakening the local economy. The city staff and the business community have worked hard to ensure that industrial uses remain permitted in Flatiron’s Park; however, this important understanding will be undermined if permitted use are impossible in practice due to design constraints. Proposal for Façade and Roof Design Requirements The current Proposal would require existing structures to comply with its façade requirements in the following situations: (i) when new facades are added as a result of the addition of any floor area, (ii) when thirty percent or more of façade material is replaced, (iii) when thirty percent or more of windows are replaced, or (iv) when any exterior door or balcony is added or replaced. Additionally, the Proposal would require compliance with roof design requirements if the shape or style of more than sixty percent of the roof is changed (Proposal § 9-14-5(c)). These requirements are problematic and go far beyond typical provisions governing changes to nonconforming structures. Property owners would be required to modify existing structures to meet the Proposal’s façade and roof standards, even for routine repairs, such as replacing damaged windows, doors, or roofing materials. This makes necessary maintenance and repairs unnecessarily burdensome, potentially making them infeasible for property owners. As a result, this provision would effectively strip property owners of the ability to continue using and maintaining their existing structures, threatening the viability of long-standing businesses. Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 153 Packet Page 202 of 903 Large Site Requirements and Nonconforming Status of Existing Buildings The proposed requirements for large sites and the risk of existing buildings becoming nonconforming are worrisome. Many existing buildings in East Boulder serve important industrial and commercial functions and should not be penalized or forced into non- conformance. We strongly advocate for preserving current uses as conforming and avoiding the imposition of housing or other requirements that disrupt long-established businesses. Form-Based Code (FBC) and Affordability While we understand the intent behind form-based code (FBC) to create more cohesive urban design, several aspects of the FBC need to be revised to meet the goal of affordability. Specifically, the FBC imposes design requirements that increase construction costs, sometimes by 10-15%, without delivering significant benefits. Requirements such as a 30-foot building break every 120 feet or limitations on building length disrupt the efficiency of design, making it more expensive to deliver housing or commercial space. At a time when Boulder is seeking to increase housing stock and lower rent costs, it is crucial that the form-based code be revisited to prevent these unintended consequences. A possible solution would be to establish a testing period for the FBC, where the code is reviewed every 24 months to assess its real-world impacts and address any inefficiencies. Flexibility and Optionality One of the prime tenets discussed during the East Boulder planning process was the need for flexibility and ease of use. Given the diversity of uses, properties, and development professionals in the area, maintaining optionality in the plan is essential. Rather than pushing everyone through form-based code, applicants should also be given the choice of going through site review. This flexibility will allow the plan to meet the diverse needs of businesses and residents without imposing one-size-fits-all solutions. For instance, it is important to ensure that façade improvements or minor modifications do not inadvertently trigger full compliance with form-based code. Flexibility in these cases will make it easier for property owners to maintain and improve their buildings without being burdened by costly or unnecessary requirements. Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 154 Packet Page 203 of 903 Cost Implications and Practical Examples We urge the Board to consider the real-world cost implications of the form-based code. Many provisions, such as mandatory open-air paseos and building breaks, significantly increase costs while delivering limited benefits. These requirements also reduce the amount of usable space, which runs counter to our goal of increasing housing and commercial availability. We recommend incorporating practical, precise, and technical examples into the review process to ensure that the code achieves its goals without unintended financial burdens. Process Concerns We previously raised concerns about the planning process, and write to undergird the importance of continued transparency, inclusivity, and responsiveness to stakeholder feedback. The East Boulder Subcommunity Plan must be shaped by the realities of those who live, work, and invest in the area. Ensuring a more iterative and collaborative process will lead to a stronger, more widely supported plan and we look forward to continued interaction with city staff. Conclusion In summary, we respectfully urge the Boulder Planning Board to reconsider certain elements of the East Boulder Subcommunity Plan, particularly regarding mandatory housing, production space, design constraints, and form-based code. We believe that by incorporating greater flexibility, optionality, and a focus on practicality, the plan can better serve the community while maintaining its economic vitality and affordability goals. Thank you for considering our feedback, and we look forward to continuing this critical dialogue to shape a more inclusive, viable, and effective plan for East Boulder. Sincerely, Jonathan Singer – Senior Director of Policy Programs Boulder Chamber of Commerce Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 155 Packet Page 204 of 903 10/14/24 Re: Concerns About the East Boulder Subcommunity Plan Dear Boulder Planning Board Members, Thank you for all the hard work and thoughtful engagement on the East Boulder Subcommunity Plan. I appreciate the effort City Staff has put into ensuring a vibrant, sustainable future for this area. However, I want to raise a few concerns regarding Agenda Item 5a, in the spirit of improving outcomes for everyone involved. I understand and support the city’s larger goals, but some elements of the current direction of the plan, especially the proposed policies, could have significant impacts on our community, businesses, and housing. I believe these issues need more careful consideration to make sure the plan works for the unique needs of East Boulder’s business and residential communities. Design Constraints and R&D Compatibility Several proposed design constraints, like limits on floor-to-floor heights, don’t match the needs of research and development (R&D) facilities, which are a big part of East Boulder. These spaces often require higher ceilings and specialized infrastructure. The current design requirements could push R&D companies out of Boulder, hurting the local economy. Façade and Roof Design Requirements The proposal’s requirements for façade and roof design, even for routine repairs or small updates, are overly restrictive. Property owners would be forced to make costly and unnecessary changes to their buildings for basic maintenance, which could hurt long-standing businesses that are vital to the community. Large Site Requirements and Nonconforming Buildings The proposed requirements for large sites could make many existing buildings nonconforming, which is concerning. These buildings are vital to East Boulder’s industrial and commercial life, and we shouldn’t force changes that disrupt established businesses or push them into nonconformance. Form‐Based Code and Affordability I understand the intent behind form-based code (FBC), but several aspects of it need to be revised. Certain design requirements in the FBC increase construction costs significantly, without providing much benefit. At a time when we’re trying to lower housing costs and increase supply, these added costs make affordability harder to achieve. A solution could be to test the FBC over time and review its impact, ensuring it doesn’t have unintended consequences. Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 156 Packet Page 205 of 903 Flexibility and Optionality Throughout the planning process, the need for flexibility has been emphasized. Given the diverse uses in East Boulder, it’s important to keep options open. The plan shouldn’t impose rigid, one-size- fits-all solutions. For example, minor building improvements shouldn’t automatically trigger full compliance with the FBC. This flexibility will allow property owners to maintain and improve their buildings without unnecessary costs. I encourage the Planning Board to consider giving property owners the option to choose between applying through the form‐based code or the traditional Site Review process once the overlay is in place. This flexibility would allow property owners to select the approach that best suits their specific project needs and circumstances Cost Implications I urge the Board to seriously consider the real-world cost impacts of the proposed plan. Requirements like mandatory open-air paseos and building breaks raise costs without delivering enough benefit. In fact, they reduce the amount of usable space, which contradicts our goals of increasing available housing and commercial space. Conclusion In closing, I respectfully ask the Boulder Planning Board to reconsider certain elements of the East Boulder Subcommunity Plan, particularly the mandatory housing, production space, design constraints, and form-based code. By building more flexibility and practicality into the plan, we can better serve the community and maintain the area’s economic vitality and affordability. Thank you for considering our feedback. I look forward to continuing this important conversation and working together to shape a more inclusive and effective plan for East Boulder. Sincerely, Daniel Aizenman Conscience Bay Company Director of Development daniel@cbayco.com 929 Pearl Street, Suite 300 Boulder, CO 80302 https://www.cbayco.com/ Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 157 Packet Page 206 of 903 Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 158 Packet Page 207 of 903 Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 159 Packet Page 208 of 903 Location Mailing Address P.O. Box 8749 Denver, CO 80201-8749 Contact 555 17th Street, Suite 3200 Denver, CO 80202-3921 p: 303.295.8000 | f: 303.295.8261 www.hollandhart.com Holland & Hart LLP Anchorage Aspen Billings Boise Boulder Cheyenne Denver Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. Jordan J. Bunch Partner Phone 303.473.4828 jjbunch@hollandhart.com VIA EMAIL Members of the City of Boulder Planning Board Boulder City Council Members City of Boulder 1777 Broadway Boulder, CO 80302 Re: October 15 Planning Board Agenda: Form Based Code Proposal Dear Honorable Members of the City Council and Planning Board: We are writing on behalf of our client BioMed Realty concerning the Form Based Code proposal that is now coming before you (the “Proposal”). We represent several industrial property owners in the Flatiron Business Park (the “Park”), including BioMed Realty, L.P., and its affiliates (collectively, “BioMed Realty”). We are reattaching our letter dated June 19, 2024, where we identified a host of concerns. Unfortunately, as you will see, we are again finding a disconnect between Staff’s current proposal and the direction given by City Council on October 6, 2022 – direction that was reconfirmed by Council at the study session on June 13, 2024. Our primary concerns remain the following: 1.Mandatory Housing is required in all instances, barring narrow convoluted exceptions. 2.Mandatory ‘Production Business Space’ that forcibly fractures assets and uses, contrary to user preferences. 3.Non-Conforming Status eliminates currently conforming uses and results in significant frustration of the investments many owners and businesses have made in the park. 4.Research & Development (R&D) Disregarded. R&D is not referenced at all in the entire 99-page Proposal. The only means to pursue R&D appears to be via discretionary exceptions. This letter supplements the 14 October 2024 Boulder Chamber letter with additional context. We ask that Planning Board and City Council direct Staff to stay true to the vision of the East Boulder Subcommunity Plan (“EBSP”) and Council’s very clear direction regarding three goals: (i) inclusion of housing to be optional for each landowner, not mandatory; (ii) properties not to be “downzoned”, and (iii) rezoning of properties to be owner-initiated. As always, we appreciate the Planning Board’s time and attention to these important concerns affecting many thousands of square feet of East Boulder buildings and businesses. Detailed Discussion Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 160 Packet Page 209 of 903 December 12, 2023 Page 2 Location Mailing Address P.O. Box 8749 Denver, CO 80201-8749 Contact 555 17th Street, Suite 3200 Denver, CO 80202-3921 p: 303.295.8000 | f: 303.295.8261 www.hollandhart.com Holland & Hart LLP Anchorage Aspen Billings Boise Boulder Cheyenne Denver Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. I. Mandatory Housing The Proposal would require developments in East Boulder with a total combined floor area exceeding 15,000 square feet to devote a minimum of fifty percent of floor area to residential use.1 Proposal § 9-14-6(c)(4). This requirement would prevent the development and operation of many of the types of buildings that currently exist in East Boulder.2 In particular, housing in a shared building with incompatible uses like laboratory use is problematic (as noted by both Council members and Planning Board) for many reasons beyond the obvious aesthetic incongruity. Hazardous material uses are inconsistent with a shared housing use, fire safety issues may not permit such shared use or make such shared use safe for residents, construction specifications between these two product types are different in material ways, lenders would likely not finance such a hybrid building, and other reasons dictate against such a shared use. As you know, with respect to implementation of the East Boulder Subcommunity Plan, (“EBSP”), the City Council has been very clear that inclusion of housing within the current IG and IM zoning districts is to be optional, not mandatory. The Council gave this direction during its hearing on the EBSP on October 6, 2022, and repeated the direction at its Form Based Code study session on June 13, 2024. Council members have specifically stated that the Form Based Code must not have the unintended consequence of either (i) driving out industrial businesses as tenants or as property owners or (ii) causing stagnation of redevelopment due to owners’ inability to finance or otherwise build a property that includes fifty percent housing. The Proposal would do exactly this. We fully support creating “optionality” to replace or add housing stock where an owner chooses to shift away from industrial uses instead of making housing obligatory. However, by requiring housing in all instances, the Proposal seems to assume that all of East Boulder is an area in transition or a blighted industrial area in need of a new purpose. This is simply not the case. East Boulder is an active life science and technology epicenter. The neighborhood that would be affected by the Proposal is a vibrant, energetic and transformative area that supports cutting-edge research into cures for cancers and other diseases. In the area along Arapahoe Avenue to the south of the railroad tracks, opportunities may exist for redevelopment that could include housing. However, in the area to the north of the railroad tracks, with few exceptions, the existing buildings are newer, large, and full of many financial, technology, or life science occupants. These are not areas of dying industrial building stock or large vacancies looking to be repurposed. Forcing these buildings to include housing will have exactly the unintended consequences that were of concern to the City Council. On the other hand, allowing 1 The Proposal states that this residential requirement would apply when “any use review is granted.” Thus, it appears that the requirement would not apply to developments containing only by-right uses. Further clarity on applicability would be helpful, and clarification of the Proposal language may be appropriate. 2 While the Proposal includes an “exception” to the residential floor area requirement (Proposal § 9-14-6(c)(4)(A)), this exception would be of little practical significance to most property owners. The exception would be entirely within the City’s discretion and would require an applicant to demonstrate potential health and safety impacts on the property or negative impacts from neighboring properties on the residential use. Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 161 Packet Page 210 of 903 December 12, 2023 Page 3 Location Mailing Address P.O. Box 8749 Denver, CO 80201-8749 Contact 555 17th Street, Suite 3200 Denver, CO 80202-3921 p: 303.295.8000 | f: 303.295.8261 www.hollandhart.com Holland & Hart LLP Anchorage Aspen Billings Boise Boulder Cheyenne Denver Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. optionality will encourage property owners to evaluate what uses best fit the community and will keep the area vibrant for years to come. II.Mandatory ‘Production Business Space’ The Proposal would require developments in East Boulder with a total combined floor area exceeding 15,000 square feet to devote a minimum of ten percent of ground story floor area to “Production Business Space.” Proposal § 9-14-6(c)(5). The definition of “Production Business Space” is not clear—the Proposal lists numerous uses that may not be included within Production Business Space, but the Proposal does not define what Production Business Space may contain. As a result, it is not clear that the required Production Business Space could be put to any practical use. The requirement for small ground floor spaces to be leased separately from the remainder of a building is entirely incompatible with life science and research and development buildings, which require large floorplates, specific mechanical and loading facilities, and dedicated, private space for tenants. Further, the design requirements for Production Business Space, which prescribe a “Shopfront Base,” do not match the building type requirements in Section 9-14-14 of the Proposal. Even if this issue were clarified, the requirement for a Shopfront Base is inappropriate for the neighborhood context of many areas in East Boulder. As defined in Proposal Section 9-14-22, a Shopfront Base is designed to create access and permeability between a shopfront and an “adjacent sidewalk.” This base form would be appropriate in an area with a consistent street wall at the sidewalk, but it does not fit the areas of East Boulder that include large buildings set back from the street and surrounded by parking and loading facilities. III.Nonconforming and Nonstandard Status The Proposal would cause many existing uses in East Boulder to become nonconforming and would cause many existing structures in East Boulder to become nonstandard. In general, creating nonconforming uses and nonstandard structures discourages renovations and upgrades because property owners tend to avoid alterations that would forfeit the right to continue operating an existing use or structure. In addition to this general policy problem with code changes that create many nonconformities, the Proposal’s treatment of nonstandard structures and nonconforming uses causes the following specific concerns: 1.Façade, Window, and Roof Requirements The Proposal would require existing structures to comply with the Proposal’s façade requirements when (i) new facades are added as a result of the addition of any floor area, (ii) thirty percent or more of façade material is replaced, (iii) thirty percent or more of windows are replaced, or (iv) any exterior door or balcony is added or replaced. The Proposal would further require existing structures to comply with the Proposal’s roof design requirements when the shape or style of more than sixty percent of the roof is changed. Proposal § 9-14-5(c). Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 162 Packet Page 211 of 903 December 12, 2023 Page 4 Location Mailing Address P.O. Box 8749 Denver, CO 80201-8749 Contact 555 17th Street, Suite 3200 Denver, CO 80202-3921 p: 303.295.8000 | f: 303.295.8261 www.hollandhart.com Holland & Hart LLP Anchorage Aspen Billings Boise Boulder Cheyenne Denver Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. These requirements, which would go far beyond typical provisions governing changes to nonconforming structures, are both practically and legally problematic. In order to conduct routine repairs, Property owners would be required to modify existing structures to comply with the Proposal’s façade and roof requirements. This would make necessary repairs, such as replacement of damaged windows or doors, infeasible. As a result, property owners effectively would lose the right to continue to use and occupy existing structures. We assume that this is not the City’s intent, but the language in the Proposal would have this effect, which would risk a legal challenge on the grounds that the Proposal constitutes an unconstitutional taking. The Proposal needs to be modified so that maintenance of and repairs to existing structures do not require compliance with the new provisions contained in the Proposal. 2.Calculation of 60% Floor Area Threshold, Retroactive Treatment The Proposal requires compliance with all Form Based Code requirements when any modification to an existing building increases the floor area of such building by more than sixty percent. Proposal § 9-14-5(c)(1). The Proposal provides that all floor area added in the five years preceding any building permit application will be included to determine whether a particular building permit application meets the sixty percent floor area threshold. While we understand the City’s desire to prevent avoidance of the floor area threshold through segmentation of projects, this provision needs to be clarified so that it cannot be interpreted to apply to floor area developed prior to the effective date of the Form Based Code or pursuant to valid approvals issued under prior regulations. As drafted, the sixty percent floor area threshold could be triggered for any building permit on a property to which floor area had been legally added prior to the adoption of the Form Based Code. 3.Nonconforming Uses in Existing Buildings Property owners lose the right to continue a legal nonconforming use after discontinuing the use for a specified period. If owners would lose nonconforming status by discontinuing a use long enough to complete renovations, owners may allow buildings to fall into disrepair. Further, because the Proposal’s use regulations are so closely related to the Proposal’s prescribed building forms, it does not make sense for the new use regulations to apply to an existing building, which could occur if a property owner lost the right to continue a use rendered nonconforming by the Proposal. The Proposal should provide that the Proposal’s use regulations do not apply unless a physical alteration to a structure requires the structure to meet the Proposal’s requirements. This would avoid the unnecessary creation of nonconforming uses, prevent the unintended discouragement of investment, and ensure consistent application of the Proposal’s form and use provisions. IV.Research & Development Disregarded Research & Development (“R&D”) facilities are unique structures with very specific requirements. R&D is consistent with both the City’s policy for intended uses, and community feedback on appropriate uses for this area. However, the Proposal fails to acknowledge R&D and could drive out the current innovative R&D uses at the heart of East Boulder. For example, two significant concerns are: Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 163 Packet Page 212 of 903 December 12, 2023 Page 5 Location Mailing Address P.O. Box 8749 Denver, CO 80201-8749 Contact 555 17th Street, Suite 3200 Denver, CO 80202-3921 p: 303.295.8000 | f: 303.295.8261 www.hollandhart.com Holland & Hart LLP Anchorage Aspen Billings Boise Boulder Cheyenne Denver Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. -Floor to Floor Height: R&D facilities typically require a minimum of 15’ floor to floor heights to allow adequate ventilation required in lab space. However, all proposed building types limit floor to floor height to 12’ except “Workshop Building”, which is not suitable for R&D for other reasons. -Building Articulation: The Proposal requires building articulation in many instances that would be challenging for R&D facilities. For example, 9-14-11 requires mid-block pathways and 9-14-30 requires building articulation. These requirements breakup usable space and require redundant building systems, drastically increasing costs and reducing building efficiency. These costs and lost efficiency will be passed onto tenants and drive tenants to relocate. While this letter outlines our most significant concerns with the Proposal, the list contained in this letter is not exhaustive, and we have additional comments and concerns with some of the finer details of the Proposal. As always, we appreciate the Planning Board’s time and attention to these important concerns affecting many thousands of square feet of East Boulder buildings and businesses. We hope that the Planning Board will recognize the need for further evaluation of and adjustment to the Proposal, and we look forward to working with the City to ensure that any adopted Form Based Code meets the needs of all stakeholders. Very truly yours, Jordan J. Bunch of Holland & Hart LLP Mark E. Hamilton of Holland & Hart LLP 30929326_v3 Attachment D - Letters from Community Members Item 3F - 1st Rdg Ord 8669 East Boulder Subcommunity Plan Amendment and Form-Based Code Updates Page 164 Packet Page 213 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA ITEM Item 3F – 1st Rdg Ord 8669 Form-Based Code for East Boulder Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8669, amending Title 9, “Land Use Code,” B.R.C. 1981, by adopting form- based code standards for parts of East Boulder, moving the form-based code from Appendix M to Chapter 9-14, “Form-Based Code,” B.R.C. 1981, revising rezoning and trip reduction standards for East Boulder; and setting forth related details. PAGE NUMBERS Page 32 of item 3F final packet line 14 to 16 Page 32 of item 3F final packet line 23 to page 33 line 3 Page 88 of item 3F final packet line 5 to 9 within the listed table Page 93 of item 3F final packet line 3 to 6 within the listed table Page 97 of item 3F final packet line 16 to 19 within the listed table Page 101 of item 3F packet line 18 to 20 within the listed table Page 106 of item 3F final packet line 20 to 24 Sections 9-14-5(d)(2), 9-14-5(e), 9-14-18, 9-14-19, 9-14-20, 9-14-21, and 9-14-24 DESCRIPTION Proposed Ordinance 8669 has been revised to clarify and correct the following: Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 1 Packet Page 214 of 903 Clarify that façade requirements when facades are added to existing buildings apply only when the façade is located in the frontage setback. Add inadvertently missing calamity and act of God language in Section 9-14-5(e) allowing for rebuilding of existing building following damage by calamity or act of God. Correct occupied building space requirements for the general, row, workshop, and civic building to apply only to full height floors and not to basements. Clarify the intent language for the service base to show that it may apply to different frontage types and not just Type C frontages. All changes are highlighted in yellow in the amended proposed Ordinance 8669 which will be Attachment E to the Agenda Item 3F memorandum. The amended proposed Ordinance 8669 in Attachment E is intended to replace the draft attached as Attachment A to the memorandum and to be introduced and read on first reading on Thursday, November 21, 2024. ATTACHMENT Attachment E – Amended Proposed Ordinance 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 2 Packet Page 215 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8669 AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, BY ADOPTING FORM-BASED CODE STANDARDS FOR PARTS OF EAST BOULDER, MOVING THE FORM-BASED CODE FROM APPENDIX M TO A NEW CHAPTER 9-14, “FORM-BASED CODE” B.R.C. 1981, REVISING REZONING AND TRIP REDUCTION STANDARDS FOR EAST BOULDER; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 9-1-2, “How to Use this Code,” B.R.C. 1981, is amended to read as follows: 9-1-2. How to Use This Code. A general description of these land use regulations follows. This description is intended to provide the reader with some guidance using this code. This section is not intended to be a substitute for the standards, criteria and procedures contained in this code. (a)Organization: This title is divided into sixteen chapters. Each chapter is further subdivided into sections, subsections, paragraphs and subparagraphs. A consistent numbering and formatting convention is used throughout the title to identify these divisions and to help orient the user to the organization of information. The example below illustrates the formatting and numbering convention: …. (c)Modular Zone System: Zoning districts in Boulder are comprised of standards from three modules: use, form and intensity. Combining elements of the three modules creates a zoning district. The zoning districts are identified in Section 9-5-2, "Zoning Districts," B.R.C. 1981. … (2)Form Module: The form module establishes the physical parameters for development such as setbacks, building coverage, height and special building design characteristics. Solar access standards, located in Section 9-9-17, "Solar Access," B.R.C. 1981, may also impact building form and should be reviewed in conjunction with the form standards. On parcels and lots designated in Appendix Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 3 Packet Page 216 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 L, "Form-Based Code Areas," the regulations of Appendix MChapter 9-14, "Form-bBased Code," apply. (3) Intensity Module: The intensity module establishes the density at which development may occur and includes: minimum lot sizes, minimum open space per dwelling unit, number of dwelling units per acre, minimum open space per lot or parcel, and floor area ratios when applicable. On parcels and lots designated in Appendix L, "Form-Based Code Areas," the regulations of Appendix MChapter 9-14, "Form-Based Code," apply. (4) The requirements for the form-based code review process are found in Section 9- 2-16, "Form-Based Code Review," B.R.C. 1981. Parcels and lots designated in Appendix L, "Form-Based Code Areas," are subject to the requirements of Appendix MChapter 9-14, "Form-Based Code," and will be required to complete a form-based code review. Projects required to complete a form-based code review, are not eligible for the variance process and site review process. Section 3. Section 9-2-16, “Form-Based Code Review,” B.R.C. 1981, is amended to read as follows: 9-2-16. Form-Based Code Review. (a) Purpose: The purpose of form-based code review, is to improve the character and quality of new development to promote the health, safety and welfare of the public and the users of the development. The form-based code review regulations are established to create a sense of place in the area being developed or redeveloped and ensure a site and building design that: … (b) Scope and Application: (1) The requirements of this section apply to all development on parcels and lots designated in Appendix L, "Form-Based Code Areas." No person shall develop or apply for a building permit for a project on, or for, subdivision of a parcel or lot designated in Appendix L, "Form-Based Code Areas," until a form-based code review has been completed. (2) Projects required to complete a form-based code review are neither required nor eligible to complete the processes under Sections 9-2-13, "Concept Plan," and 9- 2-14, "Site Review," B.R.C. 1981. (3) Administrative Form-Based Code Review for Minor Floor Area Expansions: Projects to expand floor area by no more than 500 square feet that are limited to one story and do not entail changes to existing form-based code review approvals Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 4 Packet Page 217 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 may be reviewed as an administrative form-based code review pursuant to the process of Section 9-2-2, "Administrative Review Procedures," B.R.C, 1981, and applicants for such projects shall not be required to complete a pre-application review under Subsection (c) of this section; otherwise, such projects shall meet all of the requirements of this section and the requirements of Appendix MChapter 9- 14, "Form-Based Code." (4) Exceptions to Form-Based Code Review Process: The following developments shall not be required to complete a form-based code review: (A) Administrative form-based code reviews pursuant to Paragraph 9-2- 16(b)(3), B.R.C. 1981; (B) Minor modifications to approved form-based code review applications; (C) Previously Approved Developments: Any development on a lot or parcel designated in Appendix L, "Form-Based Code Areas," for which an application for site review was made prior to the adoption of an ordinance including said lot or parcel in the designation of said appendix and that is approved or for which valid planned unit development (PUD) approval exists shall not be subject to these requirements and may be amended or modified in accordance with the minor modification and amendment provisions of Section 9-2-4, "Site Review," B.R.C. 1981; such minor modification or amendment shall not be approved unless the proposed changes are, to the extent practicable, compatible in terms of building height, mass, scale, orientation, architecture, and project configuration with the regulations applicable to the area pursuant to Appendix L, "Form- Based Code Areas," and Appendix MChapter 9-14, "Form-Based Code," and consistent with the standards established in Subsection M-1-9-14-5(c), “Expansions and Modifications to Existing Structures That Do Not Meet the Standards of this Chapter,” B.R.C. 1981. of Appendix M, "Form- Based Code"; (D) Interior building remodels or modifications that do not include an expansion of floor area, do not change the exterior appearance of the building, and otherwise conform to this section and Appendix MChapter 9-14, "Form-Based Code," B.R.C. 1981; (E) Subdivisions solely for the purpose of amalgamating lots or parcels of land; and (F) Subdivisions solely for the purpose of conveying property to the Ccity. … (d) Application Requirements: An application for approval of a form-based code review, may be filed by any person having a demonstrable property interest in land to be included in a form-based code review on a form provided by the city manager that includes, without limitation: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 5 Packet Page 218 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … (4) Site Plan: A site plan with a north arrow showing the major details of the proposed development, prepared on a scale of not less than one-inch equals one hundred feet, providing sufficient detail to evaluate the features of the development required by this section. The site plan shall contain, insofar as applicable, the information set forth as follows: (A) Topography. The existing topographic character of the land, showing contours at two-foot intervals; (B) Flood Areas. If applicable, the areas subject to the one hundred-year flood as defined in Chapter 9-16, "Definitions," B.R.C. 1981, and any area of the site that is within a designated space conveyance zone or high hazard zone; (C) Building Footprints. The location and size of all existing and proposed buildings, structures and improvements with dimensions indicating the distance from lot lines, structure low point elevations pursuant to the definition of "height," and the general location of adjacent streets, structures and properties; (D) Uses. Site and location of existing and proposed uses, including density and type of uses; (E) Outdoor Spaces. The following shall be illustrated on a site plan: (i) The areas intended to function as outdoor space as specified within Appendix MChapter 9-14, "Form-Based Code"; (ii) Detailed design for outdoor space, illustrating hardscape and site furnishings; and (iii) Any other areas that qualify as useable open space per Section 9-9- 11, B.R.C. 1981; (F) Public Spaces. The following shall be illustrated on a site plan: (i) The areas that are to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds, outlots or open space and as sites for schools and other public buildings; and (ii) The areas that are to be conveyed, dedicated or reserved for streets, alleys, paths, sidewalks, and utility easements. (G) Streets and Block Layout. For project sites that are subject to the requirements of Section 9-14-13, “Large Site Development Standards,” B.R.C. 1981, a block plan analysis demonstrating compliance with the standards of that section, Section 9-9-5, “Site Access Control,” B.R.C. 1981, and Section 9-9-8, “Reservation, Dedication, and Improvement of Rights of Way, B.R.C. 1981, including, but not limited to the following information: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 6 Packet Page 219 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) Block length of each portion of a block; (ii) Total block perimeter; (iii) On- and off-street parking; (iv) Paseos; (v) Type A, B and C frontage designations; and (vi) If, applicable, terminated vistas. … (8) Streetscape Plan. A detailed streetscape plan, consistent with Sections 9-9-13, and B.R.C. 1981, and Section M-19-14-10, B.R.C. 1981 of Appendix M to this title, shall include the following: (A) The location of street trees; (B) Designation of ground plane vegetation for any landscape bed areas, planter areas, and open tree wells; (C) The location and quantities of all pedestrian and vehicular lighting. Cut sheets and samples shall also be submitted; (D) Specification of materials and patterns for street and sidewalk pavement design; (E) The location and quantities of furnishings, such as benches, seat walls, planters, planter fences, tree grates, tree guards, and trash receptacles on each street and for other public way where furnishings are required or proposed; and (F) The location and quantities of any other elements designed to establish the identity of the street, such as pavement markers or artwork. … (14) Architectural Plans. Detailed architectural plans that include the following: (A) Building Schematic Floor plans. Building floor plans shall be included for each floor, illustrating the location of uses, common spaces, doors, and windows; (B) Building Details. Plans, sections, and elevations illustrating compliance with Sections M-1-139-14-14 through 9-14-33M-1-28 , B.R.C. 1981of Appendix M, "Form-Based Code," to this title; … (D) Golden Rectangle Use. Diagram or series of diagrams demonstrating the use of the golden rectangle in the design of each building, to demonstrate compliance with Section M-1-29, of Appendix M, "Form-Based Code," to this title. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 7 Packet Page 220 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (15) View Corridor Analysis. A view corridor analysis, including the following: (A) A plan illustrating location of mountain range and notation of Flatirons 1 through 5, location of other features subject to view corridor protection, location of building footprints with heights noted, location of streets, and location of outdoor spaces; (B) A three-dimensional, geographically accurate digital site and proposed building model illustrating views required to be preserved through the site and photographically depicting the mountains in their accurate geographic locations. Refer to Figure 14-9M-1(4), "Example Documentation of Preserved Views from Junction Place Bridge," in Appendix MChapter 9- 14, "Form-Based Code"; (C) Additional Submittal Requirements by Request. The city manager may request additional information to illustrate compliance with the requirements of this section; and (D) Waiver. The city manager may waive submittal requirements if the city manager finds that the requirement is not applicable to a project and would not illustrate compliance with the requirements of this section. … (g) Criteria for Review: No form-based code review application shall be approved unless the approving agency finds that: (1) Consistency with Appendix MChapter 9-14, "Form-Based Code." The proposed plans and building designs are consistent with the requirements of Appendix MChapter 9-14, "Form-Based Code." … (i) Exceptions: Exceptions to the requirements of Appendix MChapter 9-14, "Form-Based Code," may be approved under the form-based code review process pursuant to the following standards: (1) Application Requirements: If an application includes a request for an exception to the requirements of Appendix MChapter 9-14, "Form-Based Code," the requested exceptions shall be noted on the plans and the application shall include a written statement describing how the standards applicable to the exception are being met. (2) Exceptions: (A) An exception may be granted by the approving authority if the following criteria are met: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 8 Packet Page 221 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) The proposed exception is consistent with the goals and intents of the adopted area plan applied to the area, and (ii) The proposed exception will not create any adverse impacts on residents of the development or surrounding properties beyond what is ordinarily expected through implementation of the standards within Appendix MChapter 9-14, "Form-Based Code". (B) An exception may be granted by the approving authority if the approving authority finds that individual conditions of the property that were not created by the applicant make compliance with a provision of Appendix MChapter 9-14, "Form-Based Code ," impractical and the proposed alternative design is the minimum modification of the requirements of Appendix MChapter 9-14 that provides relief and is consistent with the intent and purpose of the section being modified and the form-based code review process described in Subsection (a) of this section; (C) An exception may be granted by the approving authority if otherwise the requirements of Appendix MChapter 9-14, "Form-Based Code," would result in a violation of federal or state legislation, including but not limited to the Americans with Disabilities Act, and the exception would be the minimum modification of the requirements of Appendix MChapter 9-14 that provides relief; or (D) An exception may be granted by the approving authority if the building or property has been designated as an individual landmark or recognized as a contributing building to a designated historic district and as part of the review of an alternation certificate pursuant to Chapter 9-11, "Historic Preservation," B.R.C. 1981, the approving authority has found that the development in conforming locations on the lot or parcel or conforming with other requirements of Appendix MChapter 9-14, "Form-Based Code," would have an adverse impact upon the historic character of the individual landmark or the contributing building and the historic district, if a historic district is involved. The exception may be approved only if the modification to the requirements of Appendix MChapter 9-14, B.R.C. 1981, is the minimum modification that provides relief. (j) Minor Modifications to Approved Form-Based Code Reviews: Modifications to the site plan, building plans, landscaping and parking plans previously approved through a form- based code review application may be approved by the city manager without requiring an amendment to the approved form-based code review if such changes are minor. All minor modifications shall be noted, signed, and dated on the approved form-based code review plans. For proposed minor modification of form-based code review projects that are partially or totally developed, the applicant shall provide notice to any owners of property within the development that might be affected, as determined by the manager. The following standards apply to minor modifications: (1) On a street facing façade, the following shall be met: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 9 Packet Page 222 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) Window sizes, types, and dimensions are not shifted by more than 10 feet in either direction per floor, transparency requirements are not reduced by more than 10 percent of the approved percentage and required minimum transparency per floor is maintained, and the general pattern of the windows is not substantially altered from the form-based code review approval; (ii) The approved total percentage of major materials is not reduced; and (iii) Building bay configurations may be shifted or transposed, if otherwise consistent with these criteria; (2) No modification or cumulative modifications from the form-based code review approval results in an expansion or shifting of floor area by more than ten percent of the floor area of the project; (3) The sum of all cumulative modifications to the site plan, building plans, landscaping and parking plans approved under this subsection (j) does not exceed ten modifications per building and may be considered under one or more minor modification applications so long as ten modifications per building is not exceeded. For the purposes of this subsection, one modification shall mean one aspect of the design that is changing in respect to an Chapter 9-14 Appendix M standard and not every individual change. For example, one particular dimensional change applied to ten windows shall count as one modification, not ten modifications; and (4) All modifications are consistent with the requirements of Appendix MChapter 9- 14, "Form-Based Code," and do not include any exception requests. (k) Amendments to Approved Form-Based Code Reviews: (1) No proposal to expand or otherwise modify any approved form-based code review, other than a minor modification, shall be approved unless the form-based code review is amended and approved in accordance with the procedures prescribed by this section for approval of a form-based code review, except for the notice and consent provision of this subsection. (2) If an applicant requests approval of an amendment to an approved form-based code review, the city manager shall provide public notice pursuant to Section 9-4- 3, "Public Notice Requirements," B.R.C. 1981. (3) The owners of all property for which an amendment is requested shall sign the application. (l) Existing Buildings: Existing buildings may be modified and expanded pursuant to the standards established in Appendix MChapter 9-14, "Form-Based Code." Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 10 Packet Page 223 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … Section 4. Section 9-2-19, “Rezoning,” B.R.C., 1981, is amended to read as follows: 9-2-19. Rezoning. (a) Initiation: An amendment to rezone any area of the city may be initiated by the city council, the planning board or a person with an ownership interest in property proposed for rezoning. … (g) Additional Criteria for Land within the East Boulder Subcommunity Plan and 55th and Arapahoe Station Area Plan Boundaries. In the East Boulder Subcommunity Plan boundary and in the 55th and Arapahoe Station Area Plan boundary, for an application not incidental to a general revision of the zoning map, the city council shall also find, in addition to requirements in Subsection (e) above, that the land use code contains standards necessary to achieve the vision of the East Boulder Subcommunity Plan for the area proposed for rezoning. The intent of this requirement is to ensure that the land use code contains standards that will result in development of the area proposed for rezoning consistent with the vision of the plan, to ensure the rezoning will not otherwise negatively impact the achievement of the vision of the plan, and to not prevent rezoning until all anticipated land use code projects and programs of the plan have been completed. In making this determination, council shall consider, to the extent applicable for the area proposed for rezoning: (1) The ability of the proposed rezoning to achieve the place types and meet the place type performance standards established in the plan, (2) The ability of the proposed rezoning to achieve new and upgraded transportation connections designated in the East Boulder Subcommunity Connections Plan concurrent with development or redevelopment, and (3) Whether the proposed rezoning may impact the city's ability to incentivize the creation of or participation in one or more general improvement districts, or an equivalent organization, proposed in the plan. (h) Solar Access Areas: A request for rezoning may seek to amend a solar access area, as defined in Subsection 9-9-17(c), B.R.C. 1981, if all applicable requirements of Subsection 9-9-17(e), B.R.C. 1981, are met. Section 5. Section 9-6-1, “Schedule of Permitted Land Uses,” B.R.C. 1981, is amended to read as follows: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 11 Packet Page 224 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9-6-1. Schedule of Permitted Land Uses. The schedule in Table 6-1 shows the uses that are permitted, conditionally permitted, prohibited, or that may be permitted through use review. … (b) Additional Standards: (1) Uses are also subject to all other applicable requirements of this title. (2) Additional Use Standards in Form-Based Code Areas or Overlay Districts: (A) Uses in Form-Based Code Areas: Uses located on a lot or parcel designated in Appendix L, "Form-Based Code Areas," are subject to the requirements of this chapter, but may also be subject to additional use standards pursuant to Appendix MChapter 9-14, "Form-Based Code." Section 6. Section 9-7-1, “Schedule of Form and Bulk Standards,” B.R.C. 1981, is amended to read as follows: 9-7-1. Schedule of Form and Bulk Standards. The purpose of this chapter is to indicate the requirements for lot dimensions and building form, bulk, location and height for all types of development. All primary and accessory structures are subject to the dimensional standards set forth in Table 7-1 of this section with the exception of structures located in an area designated in Appendix L, "Form-Based Code Areas," subject to the standards of Appendix MChapter 9-14, "Form-Based Code." No person shall use any land within the City authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following form and bulk requirements unless modified through a use review under Section 9-2-15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or as approved under the provisions of Section 9-2-16, "Form- based code review," B.R.C. 1981. TABLE 7-1: FORM AND BULK STANDARDS . . . Footnotes to Table 7-1, Form and Bulk Standards: In addition to the foregoing, the following miscellaneous form and bulk requirements apply to all development in the city: (a) On corner lots, use principal building front yard setback where adjacent lot fronts upon the street. (b) For zero lot line development, including side yard setbacks from interior lot lines for townhouses, see Subsection 9-7-2(b), B.R.C. 1981. (c) The permitted height limit may be modified only in certain areas and only under the standards and procedures provided in Sections 9-2-14, "Site Review," and 9-7-6, "Building Height, Conditional," B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 12 Packet Page 225 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) For buildings over 25 feet in height, see Subsection 9-9-11(c), B.R.C. 1981. (e) For other setback standards regarding garages, open parking areas, and flagpoles, see Paragraph 9-7-2(d), B.R.C. 1981. (f) Where a rear yard backs on a street, see Paragraph 9-7-2(c), B.R.C. 1981. (g) This maximum height limit applies to poles that are light poles at government-owned recreation facilities but not to other poles. Other poles have a maximum height of 55 feet in all zones. For additional criteria regarding poles, see Section 9-2-14, "Site Review," B.R.C. 1981. (h) For front yard setback reductions, see Subsection 9-7-2(a), B.R.C. 1981. (i) For side yard setback requirements based on building height, see Appendix B, "Setback Relative to Building Height," of this title. (j) The maximum percentage of the third floor area that can be in a fourth story standard may not be modified as part of a site review. (k) For properties located in the DT-5 and P zoning districts and shown in Appendix I, the minimum setback shall be as required by Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, Table 7-1, Form and Bulk Standards or sixty-five feet measured from the centerline of Canyon Boulevard right-of-way. (l) For buildings on nonstandard lots within the RMX-1, RL-1, RE, RR-1, and RR-2 zoning districts, refer to Table 10-1, Maximum Height Formulas, within Section 9-10-3, "Changes to Nonstandard Buildings, Structures and Lots and Nonconforming Uses." (m) For setback requirements on corner lots in the DT-5 zoning district, refer to Subsection 9-7-6(c), B.R.C 1981. (n) For principal and accessory buildings or structures located on a lot or parcel designated in Appendix L, "Form- Based Code Areas," and subject to the standards of Appendix MChapter 9-14, "Form-Based Code," refer to Appendix MChapter 9-14, "Form-Based Code," for design standards applicable to such lot or parcel. With the exception of Charter Section 84, "Height limit," and Sections 9-7-3, "Setback Encroachments," and 9-7-5, "Building Heights," 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, the form and bulk standards of this chapter are superseded by the requirements of Appendix MChapter 9-14, "Form-Based Code." Building heights in areas designated in Appendix L are not subject to the height limits of Table 9-7, Form and Bulk Standards. Section 7. Section 9-7-5, “Building height,” B.R.C. 1981, is amended to read as follows: 9-7-5. Building Height. (a) Permitted Height: The height permitted without review within the City is set forth in Section 9-7-1, "Schedule of Form and Bulk Standards," B.R.C. 1981, except as provided in Paragraph (b)(2) of this section and except under a form-based code review. Buildings greater than the permitted height may be approved under Section 9-2-14, "Site Review," B.R.C. 1981. Buildings under a form-based code review are subject to the minimum and maximum height standards established in Chapter 9-14, “Form-Based Code,” B.R.C. 1981, and shall not exceed the height limit of Charter Section 84, “Height limit.” . . . Section 8. Section 9-7-7, “Building Height, Appurtenances,” B.R.C. 1981, is amended to read as follows: 9-7-7. Building Height, Appurtenances. (a) Appurtenances: Appurtenances May be added under the following circumstances: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 13 Packet Page 226 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The addition of an appurtenance to a building is permitted if it does not cause the building height to exceed the height allowed in Sections 9-7-5, "Building Height," and 9-7-6, "Building Height, Conditional," or Chapter 9-14, “Form-Based Code,” B.R.C. 1981, as applicable, considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof. . . . Section 9. Section 9-8-1, “Schedule of Intensity Standards,” B.R.C. 1981, is amended to read as follows: 9-8-1. Schedule of Intensity Standards. The purpose of this chapter is to indicate the requirements for the allowed intensity of all types of development, including maximum density for residential developments based on allowed number of units and occupancy. All primary and accessory structures are subject to the standards set forth in Table 8-1 of this section except that developments within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards or Appendix M Chapter 9- 14, "Form-Based Code," are exempt from Table 8-1 and Sections 9-8-1 through 9-8-4, B.R.C. 1981. Developments within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards or Appendix M Chapter 9-14, "Form-Based Code," are subject to the standards of Sections 9-8-5, "Occupancy of Dwelling Units," 9-8-6, "Occupancy Equivalencies for Group Residences," and 9-8-7, "Density and Occupancy of Efficiency Living Units," B.R.C. 1981. No person shall use any land within the city authorized by Chapter 9-6, "Use Standards," B.R.C. 1981, except according to the following requirements unless modified through a use review under Section 9-2-15, "Use Review," B.R.C. 1981, or a site review under Section 9-2-14, "Site Review," B.R.C. 1981, or granted a variance under Section 9-2-3, "Variances and Interpretations," B.R.C. 1981, or approved through a form-based code review under Section 9-2- 16, "Form-Based Code Review," B.R.C. 1981. TABLE 8-1: INTENSITY STANDARDS . . . Footnotes: (a) This requirement may increase based on building height pursuant to Subsection 9-9-11(c), B.R.C. 1981. (b) For properties within an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix MChapter 9-14, "Form-Based Code," the footnoted requirement is not applicable. Refer to Appendix MChapter 9-14, "Form-Based Code," for specific form, bulk, intensity, and outdoor space requirements. (c) This requirement may be modified pursuant to Section 9-2-14(h)(6)(C), B.R.C. 1981, for specified zoning districts. (d) Open space per lot in the RH-7 zoning district may be reduced from sixty percent to thirty percent of the lot as part of a site review if at least half of the open space provided meets the open space requirements of Subparagraph 9-9-11(e)(3), B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 14 Packet Page 227 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) Dwelling units per acre on a lot or parcel in the RMX-2 zoning district are limited to 10 dwelling units per acre. This limitation may be modified up to 20 dwelling units per acre pursuant to a site review. (f) Floor area ratio (FAR) in the RH-2 zoning district may be increased up to a maximum FAR of 1.07 in a site review. (g) FAR in the BT-1 zoning district may be increased up to a maximum FAR of 1.4 in a site review. (h) FAR in the BT-2 zoning district may be increased up to a maximum FAR of 0.9 in a site review.(-) No standard. (-) No standard. . . . Section 10. Section 9-8-2, “Floor Area Ratio Requirements,” B.R.C.1981, is amended as follows: 9-8-2. Floor Area Ratio Requirements. (a) Purpose: The purpose of the floor area ratio requirements is to limit the impacts of the use that result from increased building size. … TABLE 8-2: FLOOR AREA RATIO ADDITIONS … Footnotes: (a) FAR up to 1.85 if property is located in a general improvement district providing off-street parking. (b) The maximum additional FAR component is 1.0. FAR additional components may be combined, but shall not exceed the 1.0 maximum total floor are ratio limit. (c) See Subparagraph 9-2-14(h)(6)(B), B.R.C. 1981. (d) For properties located in an area designated in Appendix L, "Form-Based Code Areas," and subject to the standards of Appendix MChapter 9-14, "Form-Based Code," the floor area and floor area ratio (FAR) requirements do not apply. Refer to Appendix MChapter 9-14, "Form-Based Code," for specific form, bulk, intensity, and outdoor space requirements. (e) See Subsection 9-6-3(a)(2), B.R.C. 1981. (f) Floor area ratio (FAR) in the RH-2 zoning district may be increased up to a maximum FAR of 1.07 in a site review. (g) FAR in the BT-1 zoning district may be increased up to a maximum FAR of 1.4 in a site review. (h) FAR in the BC zoning districts may be increased up to a maximum FAR of 2.0 provided the lot or parcel is located within an area identified in Appendix N, "Business Community (BC) Areas Subject to Special Use Restrictions." (-) Not applicable. . . . Section 11. Section 9-9-22, “Trip Generation Requirements for the MU-4, RH-6 and RH- 7 Zoning Districts,” B.R.C. 1981 is amended as follows: 9-9-22. Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 15 Packet Page 228 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) Purpose. The purpose of this section is to provide the trip generation requirements for the MU-4, RH-6 and RH-7 zoning districts for developments that are not served by a general improvement district or other approved organization that provides transportation related services. Further, it is the purpose of this section to: (1) Provide approaches to mitigate the impacts of traffic generated by development and redevelopment. (2) Ensure that the amount of land used for parking is the minimum necessary to serve development in the area. (3) Provide opportunities for parking that is provided in a development to be used in an efficient manner during all times of the day or evening. (b) Scope. The applicant for any additional floor area for a property located in the MU-4, RH-6 and RH-7 zoning districts shall demonstrate that the development does not exceed the trip generation allowance standards of this section. The requirements of this section do not apply to development proposals within general improvement districts or other organizations that have service plans which include travel transportation demand management and parking management programs that have been approved by the city council to generally meet the objectives described in this section. (c) Property Trip Generation Allowance. The applicant for any development subject to the requirements of this section shall be required to demonstrate that fifty-five percent of thea certain percentage of trips generated by the development during the highest peak travel time shall will be by alternative modes or avoided, as specified below: (1) In all areas except the Alpine-Balsam and East Boulder areas identified in Appendix L, “Form-Based Code Areas,” B.R.C. 1981, at least fifty-five percent of the trips generated by the development shall be by alternative modes or avoided. (2) In the Alpine-Balsam form-based code area, at least 30 percent of the trips generated by the development shall be by alternative modes or avoided. (3) In the East Boulder form-based code areas, at least 30 percent of the trips generated by the development shall be by alternative modes or avoided. (4) Alternative modes areMade by a modes of transportation other than that is an alternative to single occupant motor-vehicle use and include, including, without limitation, walking, bicycling, carpooling, vanpooling, micromobility, or public transportation. (52) Trips are Aavoided through programs such as alternate work schedules, including telecommuting or compressed work week programs. … (e) Trip Reduction and Mitigation. The applicant shall demonstrate how it will generate fifty-five percent achieve the alternative mode use and trip reduction as describedrequired Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 16 Packet Page 229 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pursuant to in subsection (c) at the highest peak travel time through a travel transportation demand management plan. (f) Travel Transportation Demand Management Plan. A travel transportation demand management plan shall be submitted with all development applications that add a nonresidential use floor area or an additional dwelling unit that demonstrates compliance with the trip generation requirements. Any combination of the following methods may be incorporated into the travel transportation demand management plan to achieve the requirements of this section. (1) Parking management strategies. (2) Enhanced design and amenities. (3) Financial incentives. (4) Trip reduction and avoidance programs and policies. (5) Marketing and outreach. (g) Components of a Travel Transportation Demand Management Plan. An applicant may divide a travel transportation demand management plan into two components: (1) infrastructure and amenities; and (2) a travel transportation demand management operations program. As part of a development approval, the city manager will approve separate trip generation reductions attributable to each element of the travel transportation demand management plan. (1) Infrastructure and Amenities. The infrastructure and amenities component of the travel transportation demand management plan shall include all of the elements of the travel transportation demand management plan that require the construction of either private or public improvements. The improvements may include, without limitation, facilities such as showers and changing facilities, parking area design, amenities that support alternate mode use such as covered and secure bicycle parking or enhanced pedestrian, bicycle and transit access. Unless otherwise approved in the infrastructure and amenities plan, all public and private improvements shall be constructed prior to or concurrent with the construction of the buildings within the development. If construction of such improvements is to occur later, the applicant shall submit, subject to the review and approval of the city manager, an improvement construction phasing plan. The applicant shall demonstrate that phasing of the construction of improvements is necessary because such improvement cannot be effectively or efficiently utilized until a given level of development has been completed on the property. (2) Demand Management Operations Program. The demand management operations program shall be the plan that is used by the tenant or occupant of a development or a portion thereof. The demand management operations plan shall include those programs necessary to meet the trip reduction requirements of this section, including without limitation the following: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 17 Packet Page 230 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) Parking management strategies that may include unbundled parking, paid parking areas or carpool or vanpool preferred parking areas. (B) Active promotion of alternate modes through marketing and outreach programs to employees or residents. (C) Financial incentives for employees or residents to alternate modes such as public transit passes, subsidized transit or vanpool fares or a parking cash- out program. (D) Policies and programs including bicycle or carshare services, telework stations in residential buildings or telecommuting and compressed work week programs for employees. (E) A plan for monitoring the effectiveness of the travel transportation demand management plan that is submitted to the city manager on a biannual basis, using guidelines and performance measures developed by the city. The monitoring plan shall state whether the monitoring shall be done by the owner, occupant, tenant or other designated organization. (3) Sustainable Funding. The costs of a travel transportation demand management program shall be the responsibility of the owner, occupants, tenants or visitors to the development. The applicant shall be required to demonstrate how the facilities and programs will be initially funded and funded over time to ensure implementation and ongoing operation of the facilities and programs. (h) Monitoring and Evaluation. The owner of any property that has a travel transportation demand management plan shall be responsible for ensuring that the monitoring and evaluation component of the travel transportation demand management plan is completed as required by this section. Monitoring and evaluation data shall be submitted to the city manager on a biannual basis. The monitoring and evaluation data shall be in a form acceptable to the city manager and shall address the effectiveness of the approved travel transportation demand management plan in reaching the trip generation requirements of this section. If the monitoring data shows that the travel transportation demand management plan is not meeting the trip generation requirements of this section, the owner shall submit a revised travel transportation demand management plan that meets the requirements of this section within thirty days of a request by the city manager. … Section 12. A new Chapter 9-14, “Form-Based Code,” B.R.C. 1981, is added to read as follows: Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 18 Packet Page 231 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TITLE 9 Land Use Code Chapter 14 Form-Based Code GENERAL PROVISIONS 9-14-1. PURPOSE OF FORM-BASED CODE The purpose of this chapter is to establish building form and design requirements for development within the areas designated in Appendix L to Title 9, "Form-Based Code Areas," B.R.C. 1981. The requirements for these areas implement the desired development, including functional characteristics, form, design character and quality, as guided by the plans for each designated area and the Boulder Valley Comprehensive Plan. 9-14-2. FORM-BASED CODE REQUIREMENTS No person shall occupy, use, change the use of, alter or develop any building, structure or land within the areas shown in Appendix L, "Form-Based Code Areas," B.R.C. 1981, and subject to form-based code review pursuant to Section 9-2-16, "Form-Based Code Review," B.R.C. 1981, except in conformance with the requirements of this chapter unless modified through an exception under Subsection 9-2-16(i), B.R.C. 1981. (a) Specific Locations. The locations where form-based code standards apply are shown in Appendix L, "Form-Based Code Areas," B.R.C. 1981. 9-14-3. DESIGN GOALS FOR THE FORM-BASED CODE AREAS The requirements of this chapter are intended to accomplish the following objectives: (a) Character, Context, and Scale. Preserve or enhance the character, context, and scale planned for the area while supporting a more sustainable future by accommodating future residents, reducing dependence on single occupant vehicles, increasing energy efficiency, and promoting safe transportation options for pedestrians and bicycles. (b) Human-Scaled Building Design. Design to a human scale and create a safe and vibrant pedestrian experience. (c) Building Design Quality and Aesthetics. Design high-quality buildings that are compatible with the character of the area or the character established by adopted plans for the area through simple, proportional, and varied design, high quality and natural building materials that create a sense of permanence, and building detailing, materials and proportions. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 19 Packet Page 232 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) A Variety of Housing Types. Produce a variety of housing types, such as attached dwelling units, townhouses, live-work units, and duplexes , as well as a variety of lot sizes, number of bedrooms per unit, and sizes of units within the form-based code area. (e) Adaptable Buildings. Build adaptable buildings with flexible designs that allow changes in uses over time. (f) Provision of Outdoor Space. Provide outdoor space that is accessible and close to buildings. Active and passive recreation areas will be designed to meet the needs of anticipated residents, occupants, employees, and visitors to the property. (g) Support of Multi-Modal Mobility. Provide safe and convenient multi-modal connections and promote alternatives to the single occupant vehicle. Connections shall be accessible to the public within the project and between the project and the existing and proposed transportation systems, including, without limitation, streets, bikeways, paseos, and multi-use paths. 9-14-4. ORGANIZATION AND SCOPE This section describes how this chapter is organized to provide the user with some guidance using this chapter and it addresses the scope of its application. (a) Organization. This chapter is organized into the following sections: (1) Sections 9-14-1 through 9-14-8: General Provisions. The general provisions include a purpose statement for the form-based code, a description of where the requirements for the form-based code apply, a description of this chapter's organization and scope, the regulating plans for each form-based code area, and definitions that apply to the terms of this chapter. (2) Sections 9-14-9 through 9-14-13: Site Design. These sections establish general site design and minimum outdoor space requirements, applicable to all form- based code areas, unless otherwise specified. Outdoor space types are established to guide the design of common outdoor spaces. (3) Sections 9-14-14- through 9-14-26: Building Types. These sections establish a variety of building types and building form, design, location, and use requirements applicable to each building type. The regulating plans determine which building type may be used on a particular site. (4) Sections 9-14-27- through 9-14-33: Building Design. These sections establish general building design requirements that are applicable to all of the building types, unless otherwise stated. (b) Scope. The requirements of this chapter supplement those imposed on the same lands by underlying zoning provisions and generally applicable development standards of this title Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 20 Packet Page 233 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and other ordinances of the city. If there is a conflict between the requirements of this chapter and Title 9, "Land Use Code," B.R.C. 1981, the standards of this section control. The following describes how specific requirements of this title relate to requirements of this chapter: (1) Chapter 9-6: Use Standards. Chapter 9-6, "Use Standards," B.R.C. 1981, regulates uses which are permitted, conditionally permitted, prohibited, or which may be permitted through use review. Additional use standards may be established in this chapter. (2) Chapter 9-7: Form and Bulk Standards. This chapter supersedes the standards in Chapter 9-7, "Form and Bulk Standards," B.R.C. 1981, with the exception of Sections 9-7-3, "Setback Encroachments," 9-7-5, "Building Heights," and 9-7-7, "Building Heights, Appurtenances," B.R.C. 1981. Building height shall be measured in accordance with the requirements of Section 9-7-5, B.R.C. 1981. (3) Chapter 9-8: Intensity Standards. This chapter supersedes the standards in Chapter 9-8, "Intensity Standards," B.R.C. 1981, with the exception of Sections 9- 8-5, "Occupancy of Dwelling Units," 9-8-6, "Occupancy Equivalencies for Group Residences," and 9-8-7, "Density and Occupancy of Efficiency Living Units," B.R.C. 1981. (4) Chapter 9-9: Development Standards. Chapter 9-9, "Development Standards," B.R.C. 1981, applies to developments that are regulated by this chapter as follows: (5) Applicable Sections. The following sections of Chapter 9-9, "Development Standards, " B.R.C. 1981, are applicable: (A) 9-9-1. Intent. (B) 9-9-2. General Provisions. (C) 9-9-4. Public Improvements. (D) 9-9-5. Site Access Control, in addition to the access location requirements in Section 9-14-11(a) "Driveways," B.R.C. 1981. (E) 9-9-6. Parking Standards. (F) 9-9-7. Sight Triangles. (G) 9-9-8. Reservations, Dedication, and Improvement of Right-of-way. (H) 9-9-9. Loading, except as specifically allowed in the site access requirements in Subsection 9-14-11(a) and the loading requirements in Subsection 9-14-14(l), B.R.C. 1981. (I) 9-9-10. Easements. (J) 9-9-12. Landscape and Screening Standards. (K) 9-9-13. Streetscape Design Standards, in addition to the requirements established in 9-14-10. Streetscape and Paseo Design Requirements. (L) 9-9-14. Parking Lot Landscape Standards. (M) 9-9-15. Fences and Walls. (N) 9-9-16. Lighting, Outdoor. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 21 Packet Page 234 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (O) 9-9-17. Solar Access. (P) 9-9-18. Trash Storage and Recycling Areas, in addition to the requirements established in 9-14-14(j). Trash & Recycling Areas. (Q) 9-9-19. Swimming Pools, Spas, and Hot Tubs. (R) 9-9-20. Addressing. (S) 9-9-21. Signs. (T) 9-9-22. Trip Generation Requirements for the MU-4, RH-6, and RH-7 Zoning Districts. (6) Superseded Sections. The following sections of Chapter 9-9, "Development Standards," B.R.C. 1981, are superseded by this chapter: (A) 9-9-3, Building Design, is superseded by this chapter. (B) 9-9-11, Useable Open Space, is superseded by the requirements of this chapter. (c) Other Sections and Ordinances. The Boulder Revised Code and other ordinances of the city are applicable unless expressly waived or modified in this chapter. If there is a conflict between the requirements of this chapter and other portions of the Boulder Revised Code other than Title 9, "Land Use Code," B.R.C. 1981, the most restrictive standards shall control. 9-14-5. EXISTING STRUCTURES AND USES NOT CONFORMING WITH THIS CHAPTER (a) Purpose. Adoption of the requirements of this chapter will create buildings, structures, and uses that were legally established but do not conform to the requirements of this chapter. The purpose of this section is to allow these preexisting buildings, structures, and uses to be continued and, to some extent, changed and upgraded without requiring their elimination and to establish when modifications and expansions of existing buildings have to comply with form-based code standards. (b) Scope. The provisions of this section apply to buildings, structures, and uses that were legally established pursuant to a building permit or development approval granted under the standards applicable prior to the effective date1 of the ordinance first adopting form- based code standards for the area the building is located in, except that this section does not apply to properties that are subject to a valid site review or planned unit development. The buildings, structures, and uses subject to this section may be continued, restored, modified, or expanded in compliance with the standards of this title that would apply if 1 The effective date of the ordinance first adopting the form‐based code for the Boulder Junction Phase I area is July 21, 2016 (Ordinance 8121), for the Alpine – Balsam area is November 11, 2021 (Ordinance 8484), and for the East Boulder area is _____, 2025 (Ordinance 8669). Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 22 Packet Page 235 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the area was not identified in Appendix L, except as otherwise set forth in subsection (c) and (d) of this section. (c) No New Site Review. Modifications and expansions to existing buildings, structures, and uses not already subject to a valid site review or planned unit development approval and subject to this section are not eligible for a review under Section 9-2-14, “Site Review,” B.R.C. 1981. (d) Expansions and Modifications to Existing Structures That Must Comply with Form-Based Code Standards. The following modifications and expansions to existing buildings and structures subject to this section must meet form-based code standards as set forth below: (1) Expansions of More Than 60 Percent of Floor Area. Any expansion that adds more than sixty percent to the floor area existing at the time of the effective date1 of the ordinance first adopting form-based code standards for the area the building is located in or otherwise legally constructed under standards in effect prior to said effective date1 shall meet the requirements of this chapter. For the purposes of calculating the amount of floor area being added, all floor area added in the five years preceding the building permit application shall be included except for floor area that was legally added pursuant to a building permit or development approval granted under the standards applicable prior to the effective date of the ordinance first adopting form-based code standards for the area. (2) New Facade Due to Expansion. Any facade being added or replaced due to expansion of floor area that is located within the frontage setback established for said facade under this chapter must meet the applicable height, façade, and base requirements found in the applicable building type table and the applicable building design requirements of sections 9-14-27 through 9-14-33 of this chapter. (3) Replacement of More Than 60 Percent of Existing Facade. If a façade that is located within the frontage setback established for said façade under this chapter is modified so as to completely replace more than sixty percent of the existing façade, calculated cumulatively across the facade, the entire façade must meet the applicable façade and base requirements found in the applicable building type table and the applicable building design requirements of sections 9-14-27 through 9-14-33 of this chapter. (4) Replacement of More Than 60 Percent of Roof Structure. If more than sixty percent of the structure of the roof is changed and more than thirty percent of the façade is within the frontage setback of the applicable building type, the cap type requirements of the applicable building type must be met. (e) Damage by Fire, Flood, Wind or Other Calamity or Act of God and Unsafe Buildings. Notwithstanding the provisions of section, a building, structure, or use that was legally established pursuant to a building permit or development approval granted Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 23 Packet Page 236 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under standards applicable prior to the currently applicable standards, that has been damaged by fire, flood, wind, or other calamity or act of God may be restored to its original condition, or any building declared unsafe under the building code or any other applicable safety or health code may be restored to a safe condition, provided that such work is consistent with the requirements of Section 9-3-3, “Regulations Governing the One-Hundred-Year Floodplain,” B.R.C. 1981, started within twelve months of such event, and completed within twenty-four months of the date on which the restoration commenced. 9-14-6. REGULATING PLANS No person shall construct, develop, use or occupy a property located in the area designated in Appendix L, "Form-Based Code Areas," except in conformance with Title 9, "Land Use Code," B.R.C. 1981, this chapter, and the regulating plan that applies to such property, except as otherwise specified in this chapter. (a) Boulder Junction Phase I Regulating Plan. Within the Regulating Plan: Boulder Junction Phase I, as shown on Figure 14-1, the following standards apply: (1) Transportation Connections. The arrangement, type, character, extent, and location of streets, alleys, paseos, paths, and other transportation connections shall conform to the regulating plans shown in Figure 14-1 and the Transit Village Area Plan. (2) Required Building Types. The building shall be of the building type shown for the property in Figure 14-1 or the civic building type meeting the requirements of Section 9-1421, "Civic Building Type," B.R.C. 1981. (3) Location Based Height Limits. No building shall exceed the maximum height and number of stories established for specific locations by Figure 14-1 and Figure 14-7. These location-based maximum height and story limitations supersede the maximum height and number of stories established in this chapter for the applicable building type. (4) Required Residential. Developments that include general, main street, or row type buildings with a total combined floor area exceeding 15,000 square feet shall include a minimum of fifty percent of residential floor area. (5) Required Shopfront Base. Buildings shall meet the requirements of the shopfront base in the locations shown on Figure 14-1 . (6) Type A and Type B Streets. Type A and B street designations establish design standards for how a building must address the street and regulate access to the property; all buildings shall meet the standards applicable to the types of street frontages shown for the property in Figure 14-1 and Figure 14-7. (See building Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 24 Packet Page 237 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 type regulations and Section 9-14-14, "Requirements Applicable to All Building Types," B.R.C. 1981.) (7) Required Outdoor Space Locations. Outdoor space shall be provided in the locations shown in Figure 14-1. The required outdoor space must meet the standards of Section 9-14-12, "Outdoor Space Requirements," B.R.C. 1981. (8) Terminated Vistas. When a street terminates or curves on a property as designated on Figure 14-1 or Figure 14-7, the site design or building shall include a feature to terminate the view from the street consistent with the standards in Subsection 9-14-14(i), “Terminated Vistas,” B.R.C. 1981. Figure 14-1. Regulating Plan: Boulder Junction Phase I (b) Alpine-Balsam Regulating Plan. Within the Regulating Plan: Alpine-Balsam, as shown on Figure 14-2, the following standards apply: (1) Transportation Connections. The arrangement, type, character, extent, and location of streets, alleys, paseos, multi-use paths, and other transportation connections shall conform to the regulating plans shown in Figure 14-2 and the Alpine-Balsam Area Plan. (2) Required Building Types. The building shall be of the building type shown for the property in Figure 14-2. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 25 Packet Page 238 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) Location-Based Height Limits. No buildings shall exceed the maximum height and number of stories established for specific locations by Figure 14-2. These location-based maximum height and story limitations supersede the maximum height and number of stories established in this chapter for the applicable building type. (4) Required Residential Mix. The area designated general mix 2 shall include at least two row buildings, and at least twelve dwelling units shall be included in row buildings. (5) Required Storefront. Buildings shall have storefronts in the locations shown on Figure 9-14 (2) along the Broadway frontage, turning the corners of the building and extending west a minimum of thirty feet along the paseos. (6) Type A and Type B Streets. Type A and B street designations establish design standards for how a building shall address the street and regulate access to the property; all buildings shall meet the standards application to the types of street frontages shown for the property in Figure 14-2. (See building type regulations and Section 9-14-14, "Requirements Applicable to all Building Types," B.R.C. 1981. (7) Required Outdoor Space Locations. Outdoor space shall be provided in the locations shown in Figure 14-2. The required outdoor space shall be of the type specified in Figure 14-2 or, if no type is specified in Figure 14-2, meet the standards of Section 9-14-12 "Outdoor Space Requirements," B.R.C. 1981. Figure 14-2. Regulating Plan: Alpine-Balsam Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 26 Packet Page 239 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) East Boulder Regulating Plans. Within the regulating plans for East Boulder, as shown on Figures 14-3 through 14-6, the following standards apply: (1) Transportation Connections. The arrangement, type, character, extent, and location of streets, alleys, paseos, multi-use paths, and other transportation connections shall conform to the regulating plans shown in Figures 14-3 through 14-6 and the East Boulder Subcommunity Plan. (2) Mid-Block Pathway. Developments with two opposite frontages of more than 450 feet of street, park, or multi-use path frontage that is uninterrupted by a perpendicular street shall provide a mid-block pathway consistent with Subsection 9-14-11(e), “Mid-Block Pathways,” B.R.C 1981. (3) Required Building Types. The building shall be of the building type shown for the property in the applicable regulating plan in Figures 14-3 through 14-6. (4) Required Residential. Developments that add general or row building types with a total combined new floor area of 35,000 square feet or more must include a minimum of fifty percent of residential floor area. (A) Exception. The approving authority may approve an exception to the residential floor area requirement of this subparagraph for properties in the IG and IM zoning districts if the applicant demonstrates that: (i) A residential use would be affected by adverse health or safety impacts associated with on-site pollution or contamination beyond that which is customarily acceptable for land that is used for residential purposes and that such impacts cannot be adequately alleviated through mitigation measures, or (ii) Potential negative impacts from neighboring properties on the residential use cannot be reasonably mitigated. The applicant shall provide an environmental assessment and an analysis of identified potential health and safety impacts or an assessment and analysis of potential negative impacts from neighboring properties, as applicable, including potential mitigation measures. (B) Review Process. Residential uses in the IG, IM, and BC zoning districts required pursuant to this paragraph (4) are permitted by right, do not require a use review, as otherwise required under Chapter 9-6, “Use Standards,” B.R.C. 1981, and are not required to meet the specific use standards of Paragraph 9-6-3(a)(2), “Residential Uses in The IG and IM Zoning Districts,” and Subsection 9-6-2(c),”Specific Use Standards that Apply to Several Use Types,” B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 27 Packet Page 240 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) Required Production Business Space. Developments that include general or workshop type buildings with a total combined floor area exceeding 15,000 square feet shall include a minimum of ten percent of the ground story floor area of the general and workshop buildings for production business spaces. (A) Floor Area Calculation. When calculating the total combined floor area under this paragraph (5) to determine whether production business space is required, automobile parking and access thereto shall not be considered floor area. (B) Ground Sory Floor Area Calculation. When calculating the required minimum ten percent of ground story floor area under this paragraph (5), ground story residential floor area shall not be considered when determining the total combined ground story floor area. (C) Production Business Space Standards. The production business space in the development shall meet the following standards: (i) The space shall meet the requirements of either the service base set forth in Section 9-14-24, “Service Base,” B.R.C. 1981, or the shopfront base set forth in Section 9-14-22, “Shopfront Base,” B.R.C. 1981, and shall be located consistent with the applicable regulating plan in Figures 14-3 through 14-6. (ii) Production business space shall be between 500 square feet and up to 5,000 square feet in size and provided in a variety of sizes, totaling the required ten percent of ground floor area, and shall be available to be separately leased or purchased. (iii) Any use within the following use classification, category, or type is prohibited within the production business space: a. Use classifications: 1. Residential uses 2. Public and institutional uses b. Use categories: 1. Retail sales uses 2. Vehicle-related uses, except the service of vehicles use type 3. Storage, distribution, wholesaling uses, except the wholesale business use type 4. Industrial services uses c. Use types: 1. Hostel Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 28 Packet Page 241 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Hotel and motel 3. Restaurant, brewpub, and tavern 4. Medical office 5. Office 6. Financial institution (6) Location-Based Maximum Building Height. No building shall exceed the maximum height and number of stories established for specific locations in Figure 14-3 through Figure 14-6. These location-based maximum height and story limitations supersede the maximum height and number of stories established in this chapter for allowed building types in the location. (7) Required Shopfront Base. Buildings shall use the shopfront base in the locations shown on Figure 14-3 through Figure 14-6, turning the corners of the building and extending a minimum of thirty feet around the corner of the building along any street, paseo, multi-use path, or outdoor space frontage. Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. (8) Type A, Type B, and Type C Streets. Type A, B, and C street designations establish design standards for how a building shall address the street and regulate access to the property; all buildings shall meet the standards applicable to the types of street frontages shown for the property in Figure 14-3 through Figure 14- 6. (See building type requirements and Section 9-14-14, “Requirements Applicable to All Building Types,” B.R.C. 1981.) (9) Valmont City Park Frontage. Portions of any building facade fronting on Valmont City Park shall meet the Type A frontage requirements. (10) Large Site Requirements. Any development that occupies four or more acres shall meet the large site development standards in Section 9-14-13, B.R.C. 1981. (A) All contiguous lots or parcels under common ownership or control, not subject to a planned development, planned residential development, planned unit development, site review or form-based code approval, shall be considered as part of the development for purposes of determining whether the large site development standards apply and shall be part of the development subject to the application. (11) Terminated Vistas. When a street terminates or curves on a property as designated on the applicable regulating plan in Figure 14-3 through Figure 14-6, the site design or building shall include a feature to terminate the view from the street or path consistent with the standards in Subsection 9-14-14(i), B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 29 Packet Page 242 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-3. Regulating Plan: East Boulder – 55th and Arapahoe Station Area Figure 14-4. Regulating Plan: East Boulder - Valmont Park West Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 30 Packet Page 243 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-5. Regulating Plan: East Boulder - Valmont Park East Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 31 Packet Page 244 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-6. Regulating Plan: East Boulder – Flatiron Business Park Figure 14-7. Regulating Plan Inset: SE Corner of Boulder Junction Phase I 9-14-7. VIEW CORRIDORS (a) Purpose. Projects should be designed to protect important public view corridors. The purpose of this section is to identify and preserve within the built environment view corridors of identified features when viewed from the public locations described in this section. (b) Boulder Junction Phase I. The view corridors identified in Figure 14-7 and Figure 14-8 shall be preserved consistent with the requirements of this section. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 32 Packet Page 245 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-8. View Corridors to Retain (1) View Corridors. The following views are intended to be preserved: (A) From the southernmost point of the Depot Square bridge through the site to the Flatirons and west to tops of mountains as shown in yellow in Figure 914-8. The view corridor shall preserve the complete view of all five Flatirons when viewed from the identified location. (B) From Junction Place north of the Depot Square bridge, south to the old Depot Building in Depot Square as shown in light blue in Figure 14-8. The view corridor shall preserve the view of the entire Depot Building when viewed from the identified location. (C) From the north side of Goose Creek at approximately the intersection between the north-south multi-use path and the east-west enhanced paseo, to the old Depot Building in Depot Square as shown in light blue in Figure 14-8. The view corridor shall preserve the view of the entire Depot Building when viewed from the identified location. (2) Height Limitations. Building heights shall be limited on the sites affected by the view corridors pursuant to the following standards: (A) The maximum number of stories shall not exceed the number of stories shown for a particular location in Figure 14-7. (Refer to the building types requirements for floor-to-floor heights requirements for stories.) (B) Roof top mechanical equipment, utilities, and appurtenances shall not be located within the view corridors. (C) Roof decks are permitted on all roofs provided they do not exceed any overall building height limitations and do not inhibit the views established by the view corridors. Roof deck structures are to be included in building modeling. (3) Specific Location. The specific location of the horizontal limits of the view corridors established in paragraph (1) of this subsection shall be established by the reviewing authority based on a view corridor analysis so as to preserve the views described in paragraph (b)(1) of this section. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 33 Packet Page 246 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-9. Example Documentation of Preserved Views from Junction Place Bridge 9-14-8. DEFINITIONS The definitions in Chapter 1-2, "Definitions," and Chapter 9-16, "Definitions, B.R.C. 1981, apply to this chapter unless a term is defined different in this chapter or the context clearly indicates otherwise. For the purposes of this chapter, the following terms shall have the following meanings: (a) Balcony. Balcony means a platform that projects from a facade of a building above grade and is enclosed by a parapet or railing but excludes false balconies False balconies consist of a rail and door, and any outdoor platform less than eighteen inches in depth. (b) Courtyard. A courtyard means any street-level area that is generally enclosed by a building or multiple buildings on three sides, is open to the sky, and includes landscape and pedestrian pathways, and may include patio, terrace, or deck space. Sides may be enclosed by buildings on abutting lots or lots across a street. (c) Expression Line. Expression line means an architectural feature consisting of a decorative, three-dimensional, linear element, horizontal or vertical, protruding or recessed at least two inches from the exterior facade of a building. Vertical elements may include a column, pilaster, or other vertical ornamentation. Horizontal elements may include a cornice, belt course, molding, string courses, canopy, balcony, or other horizontal ornamentation and projections. Expression lines are typically utilized to delineate the top or bottom of floors or stories of a building or divide a facade into smaller sections. Expression lines are also subject to the following: (1) Expression lines must extend continuously the full length of the facade. Breaks may occur in the expression line provided that they are no more than two feet in length and the cumulative length of the breaks does not exceed twenty percent of the facade length. (2) The minimum protrusion or recession of an expression line in brick masonry may be achieved through the use of up to three consecutively vertically stacked bricks that are corbeled or racked. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 34 Packet Page 247 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-10. Minimum and Maximum Frontage Setback Lines Figure 14-11. Facade Definition (d) Facade. Facade means the exterior walls of a building exposed to public view and includes walls as shown in Figure 14-11. Facade Definition. (e) Frontage Setback. Frontage setback means a minimum and maximum setback and is the area in which the facade of a building shall be placed; it may or may not be located directly adjacent to a lot line. The frontage setback dictates the minimum and maximum distance a structure may be placed from a lot or parcel line, easement, or outdoor space in accordance with the measurement requirements of Subsection 9-14-2(b), Frontage Setback,” B.R.C. 1981. Refer to Figure 14-10. Minimum and Maximum Frontage Setback Lines, and Figure 14-11. Facade Definition. (f) Impervious Site Coverage. Impervious site coverage means the percentage of a lot or parcel developed with principal or accessory structures and other surfaces that prevent Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 35 Packet Page 248 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the absorption of stormwater into the ground, including without limitation, driveways, sidewalks, and patios. (g) Major Material. Major material means a façade material meeting the standards for major materials established in Section 9-14-28 "Façade Materials," B.R.C. 1981. (h) Minor Material. Minor material means a façade material meeting the standards for minor materials established in Section 9-14-28, "Façade Materials," B.R.C. 1981. (i) Mobility Hub. Mobility hub means a designated, easily accessible outdoor space where people can access and transfer between multiple transportation modes, such as public transit, bike share, ride-share, taxis, and micromobility devices. (j) Occupied Building Space. Occupied building space means interior building spaces regularly occupied by the building users. It does not include storage areas, utility space, vehicle service areas, parking, or other uninhabitable spaces. (k) Parking Yard. Parking yard means an area extending from the rear building facade to the rear property line between the side yards or, on a corner property, between the street adjacent side and side yards. Parking yards are fully screened from Type A frontages by the building and do not extend to any side lot line or street lot line. (l) Paseo. Paseo means a path designed for use by pedestrians and by vehicles that may generally be operated on a sidewalk in the city. The paseo is located mid-block, allowing pedestrian movement through the block from one street to another without traveling along the block's perimeter. (m) Permeable Surface. Permeable surface means a surface that allows water and air to permeate through it, for example, soil or a semi-pervious material. (n) Porch. Porch means a roofed, raised structure at the entrance to the building, providing a transition between the interior of the building and the exterior yard or adjacent sidewalk. Refer to Figure 14-12. Example of a Porch. (o) Public Way. Public way means streets, paseos, and multi-use paths, but not alleys. (p) Semi-Pervious Surface or Material. Semi-pervious surface or material means a material such as pervious pavers, permeable asphalt and concrete, or a green roof that allows for absorption of water into the ground or roof. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 36 Packet Page 249 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-12. Example of a Porch Figure 14-13. Example of a Stoop (q) Stoop. Stoop means an elevated or at grade platform entranceway at the door to a building, providing a transition between the interior of the building and the sidewalk outside the building. A stoop may be covered by a canopy or awning. Refer to Figure 14- 13. Example of a Stoop. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 37 Packet Page 250 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (r) Story, Ground. Ground story means the first floor of a building that is level to or elevated above the finished grade on the front and corner facades. The ground story excludes basements or cellars. Refer to Section 9-16-1, "General Definitions," B.R.C. 1981, for a definition for basement. (s) Story, Half. Half story means either a story in the base of the building, partially below grade and partially above grade, or a story fully within the roof structure with windows or doors facing the street. (t) Story, Upper. Upper story means a story located one story or more above the ground story of a building. (u) Streetwall. Streetwall means the portion of the building façade that is located generally parallel to and facing the street right-of-way line. Refer to definition of facade. (v) Street Yard. Street yard means any yard located between the principal building and a street right-of-way. (w) Transparency. Transparency means the measurement of the percentage of a facade that has highly transparent, low reflectance windows with (1) on a storefront base, a minimum sixty percent transmittance factor and a reflectance factor of not greater than 0.25, and (2) on any façade other than a storefront base, a minimum fifty percent transmittance factor and a reflectance factor of not greater than 0.25. (x) Type A Frontage. Type A frontage means a frontage along a Type A street or other feature as defined in this chapter that receives priority over other frontages in terms of locating principal entrances, prioritizing facade design elements, and incorporating design requirements associated with pedestrian orientation. (y) Type A Street. Type A street means a street designated on the regulating plan that receives priority over other streets in terms of setting front lot lines and locating building entrances. (z) Type B Frontage. Type B frontage means a frontage along a Type B street or other feature as defined in this chapter that allows for a lower level of facade treatment as well as permits limited locations for garage and parking lot driveway entrances. (aa) Type B Street. Type B street means a street designated on the regulating plan that receives lower priority than Type A street in terms of building frontage and facade requirements; it allows for a lower level of facade treatment as well as permits locations for garage and parking lot driveways entrances. (ab) Type C Frontage. Type C frontage means a frontage along a Type C street or other feature as defined in this chapter that allows for a lower level of façade treatment as well Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 38 Packet Page 251 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as typically permits limited locations for multiple garage and parking lot driveway entrances. (ac) Type C Street. Type C street means a street designated on the regulating plan that receives lower priority than Type A and Type B street in terms of building frontage and facade requirements. (ad) Visible Basement. Visible basement means a half story partially below grade and partially exposed above. (ae) Yard Definition. Yard is defined in Section 9-16-1, “General Definitions,” B.R.C. 1981. For the purposes of this chapter, the following standards shall supplement and, where inconsistent, supersede the definition of Section 9-16-1, B.R.C. 1981: (1) Side and Rear Yards. On a property located in an area designated in Appendix L, “Form-Based Code Areas,” only yards not abutting a Type A, B, or C frontage as designated on the regulating plan are considered side or rear yards. (2) Front Yards, Side Adjacent Street Yards, and Side Equals Front Yards. Front yards, side adjacent street yards, and side equals front yards are regulated through the designation of Type A, Type B, and Type C frontages on the regulating plan. SITE DESIGN 9-14-9. RIGHTS-OF-WAY The arrangement, type, character, extent, and location of all rights-of-way shall conform to the requirements of Section 9-14-6, "Regulating Plans," and Section 9-9-8, "Reservations, Dedication, and Improvement of Rights-of-Way," B.R.C. 1981, unless modified in accordance with this section. (a) Amendments. Amendments to the location of rights-of-ways and addition to or deletion of rights-of-ways shown in the connections plan of the applicable area or subcommunity plan or the regulating plan may be approved pursuant to the process and criteria established in the applicable area or subcommunity plan for amendments to such plans. A request for such an amendment may be processed in conjunction with a form-based code review under Section 9-2-16, "Form-Based Code Review," B.R.C. 1981. 9-14-10. STREETSCAPE AND PASEO DESIGN REQUIREMENTS (a) General Requirements. In addition to the requirements of the Boulder Revised Code and the City of Boulder Design and Construction Standards, the streetscape of all new and existing streets, and the design of all paseos and enhanced paseos shall meet the standards of this section. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 39 Packet Page 252 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Conformance to Plans. The streetscape and paseos shall be designed and completed consistent with the streetscape guidelines of the connections plan of the applicable area or subcommunity plan. (2) Compatible Design. The design, including but not limited to paving patterns, seating areas, and bulb-outs, of all street frontages and paseos within the development shall be compatible in character. (3) Additional Design Requirements. The streetscape and paseo design shall meet the following standards: (A) Bulb-outs. To shorten pedestrian crossings, pedestrian bulb-outs shall be installed at each end of any pedestrian crossing located at an intersection except in locations where the city manager determines that the street design would not adequately accommodate the turning movements of emergency vehicles. (B) Sight Triangle Area. The requirements of Section 9-9-7, "Sight Triangle," B.R.C. 1981, shall be complied with. (i) Alternative Method of Compliance. The approving authority may approve an alternative design to the sight triangle requirements of Section 9-9-7, "Sight Triangle," B.R.C. 1981, if the applicant demonstrates that accepted engineering practice would indicate that a modified visibility distance, either greater or lesser, would be acceptable or necessary for the safety of pedestrians, motorists, and bicyclists. (C) Street Furnishings. At least two benches and one trash receptacle shall be installed in each block of a street in either the streetscape or street yard. (D) Permeable Surface Area for Trees. For each tree planted, permeable surface area shall be provided meeting the minimum size requirements established in Table 14-1. Permeable surface means the ground surface above the tree’s critical root area that allows water and air to penetrate down to the roots. (i) Per Tree. Permeable area for one tree shall not count towards that of another tree. (ii) Suspended Pavement System. When the required permeable surface area of a tree extends below any non-permeable hardscape, a modular suspended pavement system (Silva Cells, Root Space, or an approved equivalent) shall be used below that hardscape to ensure root growth and access to air and water. Table 14-1. Minimum Required Permeable Surface Area Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 40 Packet Page 253 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TREE SIZE ESTIMATED MATURE CANOPY SIZE MINIMUM REQUIRED PERMEABLE SURFACE AREA Small 300 sq. ft. 120 sq. ft. (e.g. 4 ft. x 30 ft.) Medium 700 sq. ft. 240 sq. ft. (e.g. 8 ft. x 30 ft.) Large 1,000 sq. ft. 400 sq. ft. (e.g. 8 ft. x 50 ft.) (b) Paseos. Paseos shall be designed consistent with the following: (1) General Paseo Design Requirements. Paseos shall be designed to meet the standards of Table14-2. Table of Paseo Design Requirements. (2) Paseo Surface Design. Comprehensively designed paving patterns and materials shall be utilized for the entire length of the paseo. Designs may include intentional changes to material, color, and pattern to distinguish different functional areas. (3) Maintenance. Paseos shall be maintained by the property owner in good repair and safe and unobstructed condition. Any repairs or replacements to the paseo must be consistent with the form-based code review approval. (A) If the city manager finds that any portion of a paseo does not meet this standard, the manager may require that the owner of the paseo or underlying property repair or replace the non-complying portion to bring it into conformity with city standards. (B) If the city manager determines to proceed under paragraph (A) of this section, the manager shall notify the property owner of the duty to repair or replace and that such owner has thirty days from the date of the notice to commence such repair or replacement and has sixty days from the date of the notice to complete such repair or replacement. The manager may extend the time limit if weather would impede the work. Notice under this section is sufficient if it is mailed first class to the address of the last known owner of property on the records of the Boulder County Assessor, or hand-delivered to an owner. (C) If the property owner fails to commence or complete repair or replacement as required by the notice prescribed by paragraph (B) of this section, the manager may perform the repair or replacement and charge the costs Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 41 Packet Page 254 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thereof, plus up to fifteen percent for administrative costs, to the property owner. (D) If any person fails or refuses to pay when due any charge imposed under this section, including any agreed charge, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges and Assessments to County Treasurer for Collection," B.R.C. 1981. Table 14-2. Table of Paseo Design Requirements DESIGN STANDARDS NARROW PASEO WIDE PASEO ENHANCED PASEO I ENHANCED PASEO II Minimum Width of Paseo 9 feet 20 feet 25 feet 35 feet Minimum Width of Public Access Easement 6 feet 6 feet 10 feet 20 feet minimum Elements within public access easement All elements in the public access easement must receive approval as part of a revocable permit or lease, as applicable. Doors shall be recessed and shall not open into the public access easement. Minimum Width of Pedestrian Travel Way 6 feet 6 feet 10 feet 10 feet Surface Treatment of Pedestrian Travel Way Brick and pavers, permeable interlocking concrete pavers, Buff or gray concrete with decorative scoring pattern. Brick and pavers shall constitute at least 30% of the surface treatment. See Figure 14-14. Images of Paseo Surface Treatment. Minimum distance between Pedestrian Travel Way and Adjacent Buildings 18 inches 18 inches 18 inches 18 inches Minimum Slope between Pedestrian Travel Way and Adjacent Buildings 2% 2% 2% 2% Minimum dimensions for adjacent outdoor seating areas 6 feet by 6 feet 6 feet by 6 feet 5 feet by 10 feet 3 feet by 5 feet Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 42 Packet Page 255 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Outdoor Lighting Pedestrian-scaled, wall mounted lighting at intervals of no less than 15 feet on center; catenary lighting between buildings or above outdoor seating areas and building entries. Pedestrian scaled pole mounted lighting except in narrow paseo. Special Design Requirements See paragraph 9-14-10(b)(6) for special design requirements for each paseo. Figure 14-14. Images of Paseo Surface Treatment Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 43 Packet Page 256 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-15. Paseo Illustrations Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 44 Packet Page 257 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) Outdoor Lighting. The city manager may waive lighting standards under Subsection 9-9-16(g), "Outdoor Lighting," B.R.C. 1981, to allow catenary lighting between buildings and over paseos for bulbs greater than seven watts and no greater than eleven watts. (5) Fire Access. Where required by the City of Boulder Fire Code or City of Boulder Design and Construction Standards, the easement and travel way may be expanded to accommodate the fire truck access, where required. All other elements required must be included in the paseo design. (6) Special Design Requirements. Refer to Figure 14-15 for paseo illustrations. (A) Narrow Paseo. (i) Narrow paseos shall be open to the sky. At least one of the buildings along a paseo shall be two stories or less along the paseo or the third and higher stories shall be set back a minimum of fifteen feet from the paseo. (ii) Narrow paseos shall be designed to include landscaping in decorative pots and planters where sufficient space exists between the pedestrian travel path and the buildings. (B) Wide Paseo. (i) Wide paseos shall be open to the sky with the exception of canopies and trellises. (ii) Wide Paseos shall be designed to include art, such as a sculpture or mural. (iii) Wide paseos shall include a mix of hardscaping and landscaping; no less than twenty-five percent of the paseo shall be landscaped, evenly distributed for the length of the paseo. Planters shall be at least six feet and no more than eleven feet wide and at least six feet, but no more than twenty feet long. Planters may be longer than twenty feet where not adjacent to a patio. Planting over underground parking structures shall be accommodated in recessed, extensive green roof planters and/or full depth vaults and shall not project above the grade of the adjacent paseo. Ornamental or columnar trees adapted to the low light conditions of the paseo shall be planted where possible, at a distribution of no less than one per every fifty linear feet. (C) Enhanced Paseo I and II. (i) Where a transitioning of grades occurs in an enhanced paseo I or II, the grades shall transition with terraced retaining walls of a Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 45 Packet Page 258 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 height not to exceed thirty-six inches; if the walls are intended for seating, their height shall not exceed twenty-four inches. (ii) Enhanced paseos I and II shall include a mix of hardscaping and landscaping; all areas other than pedestrian travel ways, seating areas, and entranceways to buildings must be landscaped. (iii) In East Boulder, the width of the enhanced paseo I along the Goose Creek frontage shall be measured from the outer northern edge of the ditch easement. The approving authority may approve a different configuration if the applicant is able to obtain ditch company approvals for the incorporation of the North Boulder Farmer’s Ditch and associated easement area into the paseo design. (iv) In East Boulder, the enhanced paseo I along the Goose Creek frontage is designated as Type C, allowing a service base consistent with the service base requirements in Section 9-14-24, B.R.C. 1981. Garage access for motor vehicles may not be located on a paseo. 9-14-11. SITE DESIGN REQUIREMENTS (a) Site Access. Site access locations shall be consistent with Section 9-9-5, "Site Access Control," B.R.C. 1981, except as modified below: (1) Frontage Hierarchy. For the purposes of this chapter and determining site access, Type C frontages are lower category streets than Type B frontages, and Type B frontages are lower category streets than Type A frontages. (2) Service Base Access. Multiple access points will be allowed on a lot or parcel to serve a building with a service base, provided the requirements of Section 9-14- 24, “Service Base,” B.R.C. 1981, are met. (3) Driveways. Driveways may not be located in any street yard or setback unless consistent with Section 9-9-5, “Site Access Control,” B.R.C. 1981, to cross perpendicularly through the setback to access or connect to an adjacent parking lot per subsection (d), Inter-Lot Drives, of this section. (4) Trash and Recycling Areas. One mountable, rolled curb section is allowed at a Type B or C street per development, maximum ten feet in width, in order to roll receptacles out to the street. (b) Street Yard Design. Street yards, including courtyards and streetscape plazas designed to meet the requirements of Subsection 9-14-14(h), “Required Streetwall Variation,” B.R.C. 1981, shall be designed consistent with the following: (1) Coordinated Design. The combined streetscape and street yard area from building facade to the back of curb is coordinated and comprehensibly designed Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 46 Packet Page 259 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with a combination of hardscape and landscape areas, although differences in materials and functional areas may exist. (2) Shopfront Streetscape. Where the shopfront base is required, hardscape is located within 24 inches or less of the shopfront windows and that hardscape is connected to the path between the public sidewalk and the building entrances. (3) Trees. At least one tree is planted for every 1,000 square feet of any street yard, courtyard, or streetscape plaza area, located in planting areas or tree wells. Street yard trees meet the minimum permeable area requirements in Paragraph 9-14- 10(a)(3)(D), B.R.C. 1981. (4) Hardscape. Hardscape areas are paved with unit pavers, such as bricks, quarry tiles, porous pavers, or poured-in-place materials. If poured-in-place materials are selected, they must be of decorative color or textures. (5) Landscape Beds. A minimum of twenty-five percent of the street yard areas, including courtyards and streetscape plazas to meet the requirements in Subsection 9-14-14(h), B.R.C. 1981, include landscape beds with shrubs, perennials, grasses, and/or annual plants. (6) Seating and Amenities. Seating and amenities shall be provided in courtyards and streetscape plazas required per Subsection 9-14-14(h), B.R.C. 1981, consistent with the following: (A) Temporary or permanent seating is provided. Temporary seating shall be available or in place between March 15 and November 15. (B) In addition to seating, at least one other amenity is provided, such as a pergola, multiple trellises, catenary or string overhead lighting, a fountain, or artwork (sculpture or mural). (c) Yards and Setbacks. Setbacks and yards, with the exception of street yards, courtyards, street yard plazas, parking areas, driveways, loading zones, mechanical equipment, and refuse and recycling areas, shall meet the following standards: (1) Trees. To the extent practical and achievable, trees shall be planted at a minimum of one per 1,500 square feet, located in planting areas or tree wells. (2) Landscape Areas. Yards and setbacks shall be designed for a mix of paved and landscaped areas, consistent with the maximum impervious and semi-pervious areas allowed per the building type. (d) Inter-Lot Drives. Adjacent parking lots in a development shall be connected with a shared drive that perpendicularly crosses any side and/or rear setback. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 47 Packet Page 260 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) Mid-Block Pathways. In East Boulder, mid-block pathways are required on longer blocks consistent with the following: (1) Pathway Location. Mid-block pathways shall continuously connect the two opposite frontages specified in Paragraph 9-14-6(c)(2), B.R.C. 1981, and be located within 50 feet of the midpoint of the frontage. (2) Pathway Width. The minimum width of the pathway area between building facades shall be ten feet with a minimum pathway of five feet. The unpaved areas shall be landscaped. (3) Path Construction Standards. The pathway shall be constructed to accommodate pedestrians and vehicles that may generally be operated on a sidewalk in the city and shall meet the construction standards of a concrete walk and multi-use paths in the City of Design and Constructions Standards. (4) Open-Air. Mid-block pathways shall be open to the sky, except buildings may bridge over the pathways for distances along the pathway of no more than thirty feet and covering no more than thirty percent of the length of the mid-block pathway. The clear opening under the bridge shall be at least fifteen feet in height. 9-14-12. OUTDOOR SPACE REQUIREMENTS (a) Intent. The intent of the outdoor space requirements is the provision of common outdoor spaces for gathering and socializing between neighbors as well as to provide breaks in the urban fabric of the area buildings. Outdoor spaces are intended to be directly accessible from the street and other public ways. (b) Applicability. Outdoor space shall be designed and constructed or improved consistent with the requirements of this section. (c) Outdoor Space Types. All required outdoor space shall comply with one of the outdoor space types defined in subsections 9-14-12(m) through (q) of this section and the specifications applicable to the type used. (1) Specified Type. If a type of outdoor space is specified in Figure 14-17 for Boulder Junction or Figure 14-18 for Alpine-Balsam for the project site, such type shall be utilized. (2) No Specified Type. If no type is specified in Figure 14-17 or Figure 14-18 or the type is designated as flexible, any one of the outdoor space types defined in subsections 9-14-12(m) through (q) of this section may be utilized provided that the type utilized will result in a mix of outdoor spaces in the vicinity of the development. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 48 Packet Page 261 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) Outdoor Space Required. At least one outdoor space shall be provided in the development, except, if the development is located in an East Boulder form-based code area and includes more than 75,000 square feet of residential floor area, at least two outdoor spaces shall be provided. (1) Specific Locations. Outdoor space shall be provided within 150 feet of the locations shown in Figure 14-17. Boulder Junction: Required Locations for Outdoor Space or Figure 14-18. Alpine-Balsam: Required Locations for Outdoor Space, as applicable. (2) Underpass Outdoor Space. Outdoor space shall be provided in any location where Figure 14-17 shows a future underpass. The minimum size of such outdoor space shall be determined by the city manager. The space shall be not less than 200 feet in length and 35 feet in width and must be long enough to provide for transition grades and wide enough to allow for landscaping and paving area. (3) Existing Public Space. An outdoor space requirement of this section may be met with an outdoor space outside of the development that is located within 1/8 of a mile of all public entrances to buildings in the development provided the space is a public outdoor space or a space to which the anticipated residents, tenants, employees, customers, and visitors to the development have a right of access and use. (4) Optional Areas. Where two outdoor spaces are required, the following may be utilized to meet the requirement for one or both outdoor spaces: (A) Courtyard. A courtyard in the development meeting the requirements of Subsections 9-14-14(g) or (h), B.R.C, 1981, and of a size of at least 1,600 square feet. (B) Playground. An outdoor area dedicated to playground use and including playground equipment, play surfaces, and seating areas. The playground surface area shall be a at least 1,400 square-feet in size, with the perimeter edged by walls, seating areas, or fences meeting the requirements of subsection (g) to provide enclosure and protection from streets and public ways. A playground located wholly or partially within another outdoor space type does not count as a separate outdoor space. (5) Small Projects Exception. If the project site is smaller than 0.7 acres in size, the minimum size requirement of an outdoor space type is fifteen percent of the project site. All contiguous lots or parcels under common ownership or control are considered the project site for purposes of determining the project site under this subparagraph. Contiguity shall not be affected by the existence of a platted street or alley or any other public or private right-of-way. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 49 Packet Page 262 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-16. Outdoor Space: Measuring Minimum Dimensions Figure 14-17. Boulder Junction: Required Locations for Outdoor Space Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 50 Packet Page 263 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-18. Alpine-Balsam: Required Locations for Outdoor Space (e) General Design Standards. All outdoor space shall be designed and maintained to meet the following standards: (1) Landscaped Areas. Landscaped areas must meet the requirements of Section 9- 9-12, "Landscaping and Screening Standards," B.R.C. 1981; (2) Exterior Paved Areas. Exterior paved areas shall meet the standards of Subparagraphs 9-9-11(e)(5)(A) and (B), B.R.C. 1981; and (3) Recreational Amenities. Seating and other elements encouraging use and occupation of the space and spatially defining the space shall be included in the design so as to make the space attractive and an integral part of the circulation pattern of the development. Such elements may include benches, tables, ornamental lighting, sculptures, landscape planters or movable containers, trees, tree grates, water features, or other recreational amenities. (f) Access. All required outdoor spaces shall be accessible from a pedestrian route associated with a vehicular right-of-way and/or adjacent building entrances or exits. (g) Fencing. Outdoor space types may incorporate fencing provided that the following requirements are met: (1) Height. No fence shall exceed forty-eight inches in height. This maximum fence height may be modified by the approving authority to ensure functionality and Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 51 Packet Page 264 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 safety of the users of the outdoor space, for example, in proximity to railroad right-of-way and around swimming pools, ball fields, and ballcourts. (2) Level of Opacity. Fence opacity shall not exceed sixty percent. (3) Type. Chain-link fencing is prohibited along any street frontage. The approving authority may modify this standard around sports field or courts to ensure the safety of the users and visitors to the property and functionality of the outdoor space use. (4) Openings. Openings or operable, unlocked gates shall be provided on every street frontage at a minimum of one per every 100 feet of frontage. (h) Parking Requirements. Parking shall not be required for any outdoor space type, unless a use other than open space is determined by the city manager. (i) Continuity. New outdoor space shall connect to abutting or proximate existing or planned public way or open space. (j) Measuring Size. When determining whether dimensions requirements of this section are met, the following standards apply: (1) Size. The size of the outdoor space is measured to include all landscape and hardscape areas associated directly with the outdoor space. (2) Minimum Dimension. The minimum length or width of the outdoor space type shall be measured along the longest two straight lines intersecting at a right angle defining the maximum length and width of the lot consistent with Figure 14-16. Outdoor Space: Measuring Minimum Dimensions. B.R.C. 1981. (3) Minimum Percentage of Street Frontage Required. A minimum percentage of the outdoor space perimeter, as measured along the outer edge of the space, shall be located directly adjacent to a street. (k) Improvements. When determining the specific improvement standards applicable to each outdoor space type, the following shall apply: (1) Designated Sports Fields. Designated sports field shall mean sports fields or ball courts designated for one or more particular sports, including but not limited to baseball fields, softball fields, soccer fields, basketball courts, football fields, and tennis courts. (2) Playgrounds. Playgrounds shall mean a defined area with play structures and equipment typically designed for children under twelve years of age, such as slides, swings, climbing structures, and skate parks. Where a playground is Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 52 Packet Page 265 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 required, it shall include soft surfacing and structures and shall be a minimum of 1,800 square feet in total area. (3) Mobility Hub. Mobility hubs may be incorporated into an outdoor space if noted in the applicable outdoor space type table. Mobility hubs may range from pick-up locations for taxis or ride-share services to stations for bike-share systems and may range in size. A mobility hub incorporated into an outdoor space shall have a designated space and include paving, seating, and landscaping. (4) Fully Enclosed Structures. Where permitted, fully enclosed structures may include such uses as small cafes, kiosks, community centers, and restrooms. For some outdoor space types, fully enclosed structures are subject to a maximum building coverage limitation, limiting the building coverage to a percentage of the outdoor space area. (5) Semi-Enclosed Structures. Semi-enclosed structure shall mean open-air structure, such as a gazebo. Semi-enclosed structures are permitted in all outdoor space types. (6) Maximum Impervious and Semi-Pervious Surface. Limitations on impervious and semi-pervious surfaces are provided separately for each open space type to allow an additional amount of semi-pervious surface, such as permeable paving, above the impervious surfaces permitted, including, but not limited to, sidewalks, paths, and structures as permitted. (7) Maximum Percentage of Open Water Body. Maximum percentage of open water body shall mean the maximum amount of area within the outdoor space that may be covered by an open water body, including but not limited to ponds, lakes, and pools. (l) Stormwater in Outdoor Space Types. Stormwater management practices, such as storage and retention facilities, may be integrated into any of the outdoor space types and utilized to meet stormwater requirements for surrounding parcels subject to the following standards: (1) Stormwater Features. Stormwater features in outdoor space may be designed as formal or natural amenities with additional uses other than stormwater management, such as an amphitheater, sports field, pond, or pool, as part of the landscape design. (2) Fencing. Stormwater features shall not be fenced and shall not impede public use of the space. (3) Walls. Retaining walls over 2.5 feet in height are not allowed in any outdoor space accommodating stormwater, except in a Greenway type and as required by Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 53 Packet Page 266 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the City of Boulder. Exposed concrete is prohibited; all concrete shall be faced with stone or brick. (4) Structures. All inlets, pipes, overflows, outfalls, and other structures required for the stormwater facility shall be incorporated into a landscape design and designed as unobtrusively as feasible. Exposed concrete is prohibited; all concrete shall be faced with stone or brick. (5) Qualified Professional. A qualified landscape architect shall be utilized to design the space for use by people, incorporating the stormwater features into the design. Figure 14-19. Example of a Plaza (m) Plaza. The intent of the plaza is to provide a formal outdoor space of medium scale that may serve as a gathering place for civic, social, and commercial purposes. The plaza may contain a greater amount of impervious coverage than any other type of outdoor space regulated in this section. Special features, such as fountains and public art installations, are encouraged. Plazas shall be designed to meet the standards of Table 14-3. Plaza Requirements. See Figure 14-19. Example of a Plaza. Table 14-3. PLAZA REQUIREMENTS Dimensions Minimum Size 0.10 acres Maximum Size 1 acre Minimum Dimension 80 feet Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 54 Packet Page 267 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Minimum Percentage of Street or Public Way Frontage Required 25% Improvements Designated Sports Fields Not permitted Playgrounds Not permitted Mobility Hub Permitted Fully Enclosed Structures Permitted; may cover maximum 5% of plaza area Maximum Impervious Surface + Semi‐Pervious Surface 60%+ 20% Maximum Percentage of Open Water 30% Figure 14-20. Example of a Green (n) Green. The intent of the green is to provide an informal outdoor space of medium scale for active or passive recreation located within walking distance for building occupants and visitors. The green is intended to be fronted mainly by streets. Greens shall be designed to meet the standards of Table 14-4. See Figure 14-20. Example of Green. Table 14-4. GREEN REQUIREMENTS Dimensions Minimum Size 0.25 acres Maximum Size 2 acres Minimum Dimension 45 feet Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 55 Packet Page 268 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Minimum Percentage of Street or Public Way Frontage Required 100% for greens less than 1.25 acres; 50% for greens 1.25 or more acres in size Improvements Designated Sports Fields Not permitted Playgrounds Permitted Mobility Hub Permitted Fully Enclosed Structures Not permitted Maximum Impervious Surface + Semi‐Pervious Surface 20% + 15% Maximum Percentage of Open Water 30% Figure 14-21. Example of a Commons (o) Commons. The intent of the commons is to provide an informal, small to medium scale outdoor space for active or passive recreation. Commons are typically internal to a block and tend to serve adjacent building occupants. Commons shall be designed to meet the standards of Table 14-5. See Figure 14-21. Example of Commons. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 56 Packet Page 269 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Table 14-5. COMMONS REQUIREMENTS Dimensions Minimum Size 0.25 acres Maximum Size 1.5 acres Minimum Dimension 45 feet Minimum Percentage of Street or Public Way Frontage Required 0%; requires a minimum of two access points (minimum 20 feet wide) Improvements Designated Sports Fields Not permitted Playgrounds Permitted Mobility Hub Not permitted Fully Enclosed Structures Not permitted Maximum Impervious Surface + Semi‐Pervious Surface 30% + 10% Maximum Percentage of Open Water 30% Figure 14-22. Example of a Pocket Park Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 57 Packet Page 270 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (p) Pocket Park. The intent of the pocket park is to provide a small scale, primarily landscaped active or passive recreation and gathering space for neighborhood residents within walking distance. Pocket parks shall be designed to meet the standards of Table 14-6. See Figure 14-22. Example of Plaza. Table 14-6. POCKET PARK REQUIREMENTS Dimensions Minimum Size 0.10 acres Maximum Size 1 Minimum Dimension None Minimum Percentage of Street Frontage Required 30% Improvements Designated Sports Fields Not permitted Playgrounds Required Mobility Hub Permitted Fully Enclosed Structures Not permitted Maximum Impervious Surface + Semi-Pervious Surface 30% + 10% Maximum Percentage of Open Water 30% Figure 14-23. Example of a Park/Greenway Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 58 Packet Page 271 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (q) Park/Greenway. The intent of the park/greenway is to provide informal active and passive large-scale recreational amenities to local residents and the greater region. Parks have primarily natural plantings and are frequently created around an existing natural feature such as a water body or stands of trees. Parks/greenways shall be designed to meet the standards of Table 14-7. See Figure 14-23. Example of Parks/Greenways. Table 14-7. PARK/GREENWAY REQUIREMENTS Dimensions Minimum Size 2 acres Maximum Size None Minimum Dimension 30 feet; minimum average width of 80 feet Minimum Percentage of Street Frontage Required 30% for parks less than 5 acres; 20% for parks 5 or more acres in size Improvements Designated Sports Fields Permitted Playgrounds Permitted Mobility Hub Permitted Fully Enclosed Structures Permitted in parks 5 acres or larger in size Maximum Impervious Surface + Semi- Pervious Surface 20% + 10% Maximum Percentage of Open Water 50% 9-14-13. LARGE SITE DEVELOPMENT STANDARDS (a) Applicability. A development four acres in size or larger shall meet the requirements of this section. (b) Streets and Block Layout. The development shall provide safe and convenient vehicular and pedestrian transportation between and through lots and parcels to adequately serve the new development. To accomplish this, the approving authority may require connections in addition to those required under the regulating plan and any approved connections plan for the area consistent with the following considerations and requirements: (1) Block Length. Block lengths is approximately 400 feet or less. (2) Block Perimeter. Block perimeter is approximately 1,600 feet or less. (3) Cul-de-Sac and Dead-End Streets. Cul-de-sac and dead-end streets are not allowed except due to site constraints or natural features. (4) Configuration. Additional connections shall be consistent with the standards of Section 9-9-8, “Reservation, Dedication, and Improvement of Rights of Way,” B.R.C. 1981, and other required connections. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 59 Packet Page 272 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) On-Street Parking. Parking lanes shall be provided on both sides of the street. (5) Paseos. Paseos shall meet the standards in Section 9-14-10, B.R.C. 1981. (6) Plan Amendments. Any additions or other amendments to a connections plan for the area shall be reviewed pursuant to the process and criteria established therefor in the applicable plan and in conjunction with the form-based code review of the application. (c) Type A, B, and C Frontage Designation. Frontages along new connections shall be designated as Type A, B, or C frontages consistent with the standards in Section 9-14-15, “Type A, B, and C Frontages,” B.R.C. 1981, and the following: (1) Frontage designation shall be consistent with the intent of the area or subcommunity plan. (2) A minimum of 25% of frontages of new and existing streets in and abutting the development shall be designated as Type A frontage. (d) Terminated Vistas. Views down streets that terminate at parcels, including where streets angle at less than 90 degrees, shall meet the terminated vista requirements in Subsection 9-14-14(i), B.R.C. 1981. BUILDING TYPES 9-14-14. REQUIREMENTS APPLICABLE TO ALL BUILDING TYPES (a) Purpose. The purpose of the building type requirements is to establish standards for building design, building form, siting of buildings, and specific uses based on the building type that may be utilized on a property pursuant to the applicable regulating plan or as otherwise authorized. (b) Building Types Requirements. No person shall develop, use, or occupy any building or other property located within the area designated in Appendix L, "Form-Based Code Areas," B.R.C. 1981, except in conformance with the building type standards of sections 9-14-16 through 9-14-21 of this chapter unless modified through an exception under Subsection 9-2-16(i), B.R.C. 1981. This following generally describes the building types: (1) Main Street Storefront Description. The main street storefront building type is a highly pedestrian-oriented, mixed-use building. Ground story storefront is required along all Type A streets with only personal service, retail, dining, and entertainment uses to provide activity. Upper story uses are flexible. Parking is in the rear of the lot or located off-site. Refer to Section 9-14-16, B.R.C. 1981, for requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 60 Packet Page 273 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Commercial Storefront Description. The commercial storefront building type permits single use buildings and more parking locations, but still addresses pedestrian orientation with buildings built up to the sidewalk and storefront glass requirements. This building type allows a broader variety of commercial, retail, and industrial uses on the ground story, including vehicle-related uses. Refer to Section 9-14-17, B.R.C. 1981, for requirements. (3) General Building Description. The general building type is a basic building that serves as urban fabric, built along the sidewalk connecting the more commercial spaces with open spaces. This building can accommodate a wide range of uses. It differs from the storefront by its lower requirement for ground story glass and allowance for an above-sidewalk level ground story elevation. Refer to Section 9- 14-18, B.R.C. 1981, for requirements. (4) Row Building Description. The row building type is similar to the general building but is smaller in scale. The ground story is required to be divided into different units, each with separate entrances. Townhouses, rowhouses, live-work units, incubator space, or small width industrial or craftsman spaces fit well into this building type. Refer to Section 9-14-19, B.R.C. 1981, for requirements. (5) Workshop Building Description. The workshop building type is similar to the general building but allows the service base with garage door access more widely. The ground story is also typically taller to allow for production uses. Refer to Section 9-14-20, B.R.C. 1981, for requirements. (6) Civic Building Description. The civic building type is the most flexible building, meant to allow for more iconic designs within the urban fabric of the area. This building type is limited to specific public and institutional uses, such as governmental facilities, religious assemblies, schools, colleges, and universities, as well as parks and recreation uses, museums, and live theaters. Refer to Section 9-14-21, B.R.C. 1981, for requirements. (c) Uses in Building Types. All uses of a property shall meet the requirements of Chapter 9- 6, "Use Standards," B.R.C. 1981. Where use regulations are imposed by this chapter based on the building type, the use of the property shall also be consistent with those standards. (d) General Building Design Requirements. All buildings shall comply with the building design requirements of sections 9-14-22 through 9-14-33 of this chapter. (e) Multiple Principal Structures. Multiple structures may be constructed on a lot or parcel. All structures shall meet the applicable building type requirements, including the frontage setback requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 61 Packet Page 274 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (f) Build to the Corner. On corners, a building or structure shall be located at the intersection of the two frontage setbacks as shown in Figure 14-24. The standards of Subparagraph 9-14-10(a)(3)(B), "Sight Triangle Area," B.R.C. 1981. must also be met. Figure 14-24. Build-to Corner and Frontage Setbacks (g) Streetwall Courtyards. Where minimum streetwall is required and streetwall variation is not required, courtyards meeting the requirements of Paragraph 9-14-14(h)(1), B.R.C. 1981, are allowed provided they do not exceed thirty-five percent of the streetwall. The courtyard counts towards the required minimum streetwall percentage. (h) Required Streetwall Variation. Where streetwall variation is required, a courtyard or streetscape plaza meeting the following requirements shall be provided for streetwall increment required per the building type: (1) Courtyard. Courtyards shall meet the following requirements: (A) The courtyard is at least thirty feet in width and thirty feet in depth. (B) The courtyard abuts the frontage setback. (C) There is no motor vehicle parking in the courtyard. (D) The courtyard facades are treated with the frontage type of the adjacent street frontage per facade requirements for the building type and building design requirements in Sections 9-14-27 through 9-14-33, B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 62 Packet Page 275 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (E) The courtyard design includes the following: (i) No more than sixty-five percent of the area is paved and the hardscape includes special paving materials and patterns. (ii) Landscape beds and trees consistent with Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (iii) Seating and amenities consistent with Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (2) Streetscape Plaza. Streetscape plazas shall meet the following requirements: (A) The streetscape plaza is located within the maximum setback. (B) At least thirty-five percent of the streetwall fronts one or more streetwall plazas extending from the right-of-way to the maximum setback. (C) The minimum width of each streetscape plaza along the frontage is 20 feet. (D) The streetscape plaza is designed to integrate with the street yard and streetscape design and includes the following: (i) Hardscape in the plaza includes special paving materials and patterns. (ii) Landscape beds and trees are provided consistent with the requirements of Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (iii) Seating and amenities are provided consistent with the requirements of Subsection 9-14-11(b), “Street Yard Design,” B.R.C. 1981. (i) Terminated Vistas. street terminates or curves on or adjacent to a property as designated on the regulating plan, the site or building design shall include a feature to terminate the view from the street or path. The project shall meet the following standards: (1) Open Space. If the property where the vista is required to be terminated is open space, one of the outdoor space types established in Section 9-14-12, “Outdoor Space Requirements,” B.R.C. 1981, shall be utilized, and a vertical feature shall terminate the view. Acceptable vertical features include, but are not limited to, a stand or grid of at least three large maturing trees, listed in the approved tree list published annually by the city manager, a sculpture, a gazebo, or a fountain. (2) Building. If the property where the vista is required to be terminated is not utilized as open space, the facade of a building shall terminate the view. At the termination point designated on the regulating plan, a minimum of sixty feet of the building facade shall meet the standards applicable to a Type A frontage, Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 63 Packet Page 276 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whether or not fronting on a Type A street, with the exception of the entrance requirements. The building shall include a feature that terminates the view, such as, a tower, cupola, bay, courtyard, or a streetscape plaza consistent with the streetwall variation requirements in Section 9-14-14(h), B.R.C. 1981. (3) Parking or Other Facades. A parking structure, surface parking lot, or side or rear facade shall not terminate a vista. (j) Trash and Recycling Areas. Unless otherwise allowed by the building type, all trash, recycling, and other waste areas shall be located inside the building or in the parking yard consistent with the following requirements: (1) Interior of the Building. Refuse, recycling, and other waste areas located inside the building shall meet the following requirements: (A) Access doors to the area shall be located on the rear or interior side facade. (B) If no rear or interior side facade exists, access doors may be located off a Type B or C street facade. (C) Access doors or gates on a street facade shall have a minimum opacity of 80 percent. (D) Access gates shall be set back a minimum of five feet from any street facade. (2) Other Locations. When no parking yard exists, the parking or rear yard is less than ten feet in depth, and an interior building location is not available, trash, recycling, and other waste areas may be located in the rear yard, interior side yard, or in a Type B or C street yard. (k) Garage Entrances. Garage doors shall be located on a Type B frontage, Type C frontage, rear or interior yard, or along an interior side facade, except that on the service base garage doors may also be located consistent with the standards in Section 9-14-24, “Service Base,” B.R.C. 1981. (1) Garage doors on Type B frontages shall be set back from the majority of the frontage facade a minimum of three feet. (2) Garage doors on Type B frontages shall meet minimum facade transparency requirements unless art is incorporated into the door. (l) Loading Locations. All on-site loading areas shall be located in the rear or interior yard for all building types, except that on the service base on-site loading areas may also be located consistent with the standards in Section 9-14-24, B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 64 Packet Page 277 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (m) Modifications. The approving authority may approve the following modifications to building type requirements if it finds the proposed design substantially meets the intent of the requirement being modified: (1) Building Location. The location of the building within up to one foot from any minimum setback or frontage setback width or location requirement. (2) Impervious Coverage. Up to a ten percent increase in total impervious coverage, not to exceed the total amount of allowed impervious plus semi-pervious coverage. (3) Type A Frontage Streetwall. For the commercial storefront building only, up to ten percent decrease in Type A frontage streetwall requirements. (4) Story Height. An additional height of any floor-to-floor story height up to two feet, provided the overall building height does not exceed the maximum permitted height. (5) Transparency. Up to two percent reduction of the required transparency on a non-Type A frontage facade; and up to four square feet increase of the blank wall area limitation of paragraph 9-14-26(g)(2) on a non-Type A frontage facade. 9-14-15. TYPE A, B, AND C FRONTAGES A hierarchy of frontages is established for properties located within the area shown on Appendix L, "Form-Based Code Areas." Frontages are designated on the regulating plans pursuant to the standards of this section. (a) Type A Frontage. Type A frontages shall be provided as follows: (1) Regulating Plans. Type A frontage requirements shall be met in those locations where a Type A frontage is designated on the regulating plan. (2) Outdoor Space Types. Where a lot or parcel contains or abuts a required outdoor space, the frontage of a building abutting the outdoor space shall meet Type A frontage requirements, unless otherwise defined on the regulating plan. (3) Building Type Requirements. Type A frontages shall meet the Type A frontage requirements established for the applicable building type. (4) Corners. Where a Type A frontage façade is located perpendicular to a Type B or C frontage, or a rail corridor façade, the Type A frontage façade requirements, such as transparency, entrance, and materials requirements, shall be continued around the corner along the perpendicular façade for a minimum of thirty feet. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 65 Packet Page 278 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) Multiple Type A Frontages and No Type B Frontage. If multiple Type A frontages and no Type B or C frontages exist on a site, one Type A frontage may be treated as a Type B frontage for the building type requirements if the approving authority finds that one of the following standards is met with regard to such frontage: (A) Configuration of other parcels along the street, including fronts of buildings and locations of vehicular access, are more consistent with Type B requirements. (B) The classification of the street is more focused on traffic movement than pedestrian orientation. (C) The area plan prioritizes the street lower than other Type A frontages. (6) No Type A Frontage. If no Type A frontage is designated on a parcel, a Type B frontage shall be treated as a Type A frontage for the building type requirements. If no Type A or B frontage is designated for a parcel, a Type C frontage shall be treated as a Type A frontage for the building type requirements. (b) Type B Frontages. Type B frontages have to be provided as follows: (1) Regulating Plan. Type B frontage requirements shall be met in those locations where a Type B frontage is designated on the regulating plan. (2) Building Type Requirements. Type B frontages shall meet the Type B frontage requirements established for the applicable building type. (3) Alternate Treatment. A designated Type B frontage may alternatively be treated as a Type A frontage. (c) Type C Frontages. Type C frontages shall be provided as follows: (1) Regulating Plan. Type C frontage requirements shall be met only in those locations where a Type C frontage is designated on the regulating plan. (2) Building Type Requirements. Type C frontages shall meet the Type C frontage requirements established for the applicable building type. (3) Alternate Treatment. A designated Type C frontage may alternatively be treated as a Type A or Type B frontage. 9-14-16. MAIN STREET STOREFRONT BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 66 Packet Page 279 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOULDER JUNCTION PHASE I REFERENCES/ ADDITIONAL REQUIREMENTS BUILDING SITING Refer to Figure 14-25. Type A Frontage Streetwall, minimum 90% Refer to Subsection 9-14-14(g), B.R.C. 1981, for courtyard allowance. Type A Frontage Setback, minimum to maximum 0 ft. to 5 ft. Refer to Subsection 9-14-26(b), B.R.C. 1981, for measuring minimum and maximum setbacks. Type B Frontage Setback, minimum to maximum 0 ft. to 5 ft. Side Yard Setback, minimum 5 ft.; 0 ft. required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and the Transit Village Connections Plan for locations and details. Rear Yard Setback, minimum 10 ft.; minimum 25 ft. if no alley; 0 ft. required at paseo or multi-use path Building Length along any Type A & B Frontage, maximum 150 ft. Refer to Section 9-14-31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, maximum Additional Semi- Pervious Coverage 70% 25% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi- pervious coverage. Surface or Accessory Parking Location Parking yard only Refer to Sections 9-9-12 and 9-9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. HEIGHT Refer to Figure 14-26. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 67 Packet Page 280 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Overall: Minimum Height Maximum Height 2 stories minimum 3 stories maximum and up to 40' in height north of Goose Creek and west of Junction Place; 5 stories maximum elsewhere up to 55' Refer to subsection 9-14-26(e) for height measuring requirements and section 9-14-31 for building massing requirements. Subsection 9-14-25(g), “Towers," B.R.C. 1981, allows additional height in a limited footprint. Heights shown may be otherwise regulated by Section 9-14-6, “Regulating Plans,” and/or Section 9-14- 7, “View Corridors,” B.R.C. 1981 Story: Minimum Height Maximum Height 9' 12' Stories are measured floor to floor. Refer to subsection 9-14-26(f) for explanation of measurement. Refer to allowed base types for story height requirements in ground story. Figure 14-25. Main Street Storefront Building: Building Siting Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 68 Packet Page 281 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOULDER JUNCTION PHASE I REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to Figure 14-26. All Frontages & Stories All uses consistent with chapter 9-6 Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Base Types: refer to allowed base types for use requirements in ground story. Required Occupied Building Space, minimum depth from Type A or B frontage facade, all stories 20 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to Figure 14-27. Transparency on All Type A, B, and C Frontage Facades, minimum 20% Measured per each story. Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations defined in Section 9-14-26(g)). Additional transparency required on ground story by allowed base type. Horizontal Facade Divisions At least one expression line, minimum 2” deep, is required within 3 ft. of the top of the ground story and the bottom of any 5th story. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. BASE REQUIREMENTS Refer to Figure 14-27. All ground story Type A, B, and C frontage facades shall meet the requirements of an allowed or required base type. Shopfront Base Provide where required per regulating plans, Section 9- 14-6, B.R.C. 1981; Allowed on any frontage. Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 69 Packet Page 282 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stoop Base Allowed on any frontage, except where shopfront base is required. Refer to Section 9-14-23, B.R.C. 1981, for stoop base requirements. Service Base Not allowed. Refer to Section 9-14-24, B.R.C. 1981, for service base requirements. CAP REQUIREMENTS Refer to Figure 14-27. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Figure 14-26. Main Street Storefront Building Section: Height & Use Requirements Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 70 Packet Page 283 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-27. Main Street Storefront Building Elevation: Facade Design Requirements 9-14-17. COMMERCIAL STOREFRONT BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. BOULDER JUNCTION PHASE I REFERENCES/ ADDITIONAL REQUIREMENTS BUILDING SITING Refer to Figure 14-28. Type A Frontage Streetwall, minimum 60% required . Type A Frontage Setback, minimum to maximum 12 ft. to 20 ft. along Valmont and 30th Street; 0 ft. to 10 ft. along new streets Type B Frontage Setback, minimum to maximum 0 ft. to 10 ft. Side Yard Setback, minimum 5 ft.; 0 ft. required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and the Transit Village Connections Plan for locations and details. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 71 Packet Page 284 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rear Yard Setback, minimum 15 ft.; 25 ft. required if no alley; 0 ft. required at paseo or multi-use path Building Length any Type A & B Frontage, maximum 90 ft. Refer to Section 9-14-31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, maximum Additional Semi-Pervious Coverage 70% 25% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi-pervious coverage. Surface or Accessory Parking Parking yard & interior side yard Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. HEIGHT Refer to Figure 14-29. Overall: Minimum Height Maximum Height 1 story 3 stories, 35 ft. Refer to Subsection 9-14-26(e), B.R.C. 1981, for h e i g h t measuring requirements and Section, B.R.C. 1981, for building massing requirements. Subsection 9-14-25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint.9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. Ground Story: Minimum Height Maximum Height 12 ft. 18 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. Story Height: Minimum Height 9 ft. Stories are measured floor to floor. Refer to Subsection 9-14- Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 72 Packet Page 285 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Maximum Height 14 ft. 26(f), B.R.C. 1981, for explanation of measurement. Figure 14-28. Commercial Storefront Building Plan: Building Siting Requirements BOULDER JUNCTION PHASE I REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to Figure 14-29. All Frontages & Stories All uses consistent with chapter 9-6 Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Required Occupied Building Space, minimum depth from Type A or B frontage facade, all stories 20 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking Location within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to Figure 14-30. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 73 Packet Page 286 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Type A Frontage Ground Story Transparency, minimum 55% measured between 2' and 8' vertically from average grade of adjacent sidewalk. Note that Subsection 9-14- 15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for measuring transparency. Transparency on All Other Frontages & Stories, minimum 15%, measured per story of all stories, including blank wall limitations defined in subsection 9-14-26(g). Refer to subsection 9-14-26(g) for information on measuring transparency. Entrance Location & Number Principal entrance required on Type A frontage facade; entrances required a minimum of one per every 50' of building facade Refer to Section 9-14-26(h), B.R.C. 1981, for i n f o r m a t i o n on measuring entrance location. Entrance Configuration Recessed between 3' and 8', maximum 8' wide, from the portion of the Type A frontage facade closest to the street Refer to Subsection 9-14-32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade 80% of entrances and the ground story shall be within 1.5' (vertically) of adjacent sidewalk elevation Ground Story Vertical Facade Divisions At least one expression line, minimum 2" deep, per every 30' of facade width is required. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. Horizontal Facade Divisions At least one expression line, minimum 2" deep, is required within 3' of the top of the ground story CAP REQUIREMENTS Refer to Figure 14-30. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat; one tower permitted per building. Refer to section 9-14-25 for cap types, and other cap requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 74 Packet Page 287 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-29. Commercial Storefront Building Section: Height & Use Requirements Figure 14-30. Commercial Storefront Building Elevation: Facade Design Requirements 9-14-18. GENERAL BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. BOULDER JUNCTION PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ ADDITIONAL REQUIREMENTS BUILDING SITING Refer to FIGURE 14-31. Type A Frontage Streetwall, minimum 90% 80% 80% Refer to 9-14-14(g) for allowed courtyards in Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 75 Packet Page 288 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Streetwall Variation for Type A and Type B Frontages -- -- Required for buildings over 180 ft. in width the streetwall and 9- 14-14(h) for definition of required streetwall variation. Type A Frontage Setback, minimum to maximum 5 ft. to 10 ft. 5 ft. to 20 ft. 10 ft. to 25 ft. Refer to Section 9- 14-26, B.R.C. 1981, for measuring minimum and maximum setbacks. Type B Frontage Setback, minimum to maximum 5 ft. to 10 ft. 5 ft. to 20 ft. 5 ft. to 20 ft. Type C Frontage Setback, minimum to maximum -- -- 0 to 15 ft. Side Yard Setback, minimum 5'; 0' required at paseo or multi-use path For paseos and multi- use path locations, refer to the regulating plans and the connections plans for the form-based code area. Rear Yard Setback, minimum 10 ft.; 25 ft. required if no alley; 0 ft. required at paseo or multi-use path 15 ft.; 0 ft. required at paseo or multi-use path Building Length along Type A & B Frontage, maximum 150 ft. 65 ft. in Gener al Mix 2 area; none in General Mix 1 area; refer to map, Figure 14-2. --- Refer to Section 9-14- 31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, maximum Additional Semi-Pervious Coverage 70% 25% 65% 25% 65% 25% Refer to Section 9-14- 8, “Definitions,” B.R.C. 1981, for semi-pervious coverage. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 76 Packet Page 289 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Surface or Accessory Parking Location Parking yard only No surface parking allowed Parking yard only except limited side yard parking allowed in Valmont Park West, Valmont Park East, and Flatiron Business Park Refer to Sections 9-9- 12 and 9-9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. Refer to Subsection 9- 14-26(c) for limited side yard parking. HEIGHT Refer to FIGURE 14-32. Overall: Minimum Height 2 stories 2 stories 2 stories Refer to Subsection 9-14-26(e), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. Maximum Height 3 stories, 40 ft. north of Goose Creek and west of Junction Place; 5 stories, 55 ft. elsewhere 3 stories and 35’ without pitched roof; 3 stories and 55’with pitched roof; or 4 stories and 55’; see regulati ng plan for maximu m height location s 5 stories, 55 ft. Location-Specific Maximum Height Heights shown may be otherwise regulated by Section 9-14-6, B.R.C., “Regulating Plans,” and/or Section 9- 14-7, “View Corridors,” B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 77 Packet Page 290 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All Stories: Minimum Height Maximum Height 9 ft. 18 ft. 9 ft. -- 9 ft. 18 ft. Stories are measured floor to floor. Refer to Subsection 9-14-26(f), B.R.C. 1981, for explanation of Base Types: See allowances for additional height within specific base types allowed, line of this table measurement. Figure 14-31. General Building: Building Siting BOULDER JUNCTION PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to FIGURE 14-32. All Frontages & Stories All uses consistent with chapter 9-6 All uses consistent with chapter 9- 6; in General Mix 2, residential and accessory uses only, maximum 4 dwelling units per building, consistent All uses consistent with chapter 9-6 Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 78 Packet Page 291 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with chapter 9- 6; refer to map, Figure 14-2. Base Types: See use requirements and allowances per base types. Required Occupied Building Space, minimum depth from Type A & B frontages, all stories 20 ft. 20 ft. 15 ft. on Type A only Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking Location within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to FIGURE 14- 33. Transparency on All Type A, B, and C Frontage Facades, minimum 20% 20% 20% Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations apply as defined in subsection 9-14-26(g). Additional transparency required by base type. Horizontal Facade Divisions At least one expression line, minimum 2 inch deep, is required within 3 ft. of the top of the ground story and the bottom of any 5th story Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. BASE REQUIREMENTS Refer to FIGURE 14-33. All ground story Type A, B, and C frontage facades shall meet the requirements of an allowed or required base type Shopfront Base Provide where required per Section 9-14-6, “Regulating Plans,” B.R.C. 1981; allowed on any frontage. Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. Stoop Base Allowed on any frontage, except where shopfront base is required. Refer to Section 9-14-23, B.R.C. 1981, for stoop base requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 79 Packet Page 292 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Service Base -- -- Allowed on any Type C frontage, except where shopfront base is required. Otherwise prohibited. Refer to Section 9-14-24, B.R.C. 1981, for service base requirements. CAP REQUIREMENTS Refer to FIGURE 14-33. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat. Parapet, pitched, flat. Parapet, pitched, flat. Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Figure 14 -32. General Building: Height & Use Requirements Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 80 Packet Page 293 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-33. General Building: Facade Design Requirements 9-14-19. ROW BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. BOULDE R JUNCTIO N PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS BUILDING SITING Refer to FIGURE 14-34. For the purposes of the Row Building, a building consists of multiple vertical units. Type A Frontage Streetwall, minimum 80% 80% 65% Each unit shall have a facade located within the frontage setback, except 1 of every 2 units may front a courtyard or outdoor space type. Courtyards, minimum 30 feet wide and 30 feet deep, may count towards Type A streetwall. Type A Frontage Setback, minimum to maximum 5 ft. to 15 ft. 5 ft. to 15 ft. 5 ft. to 25 ft. Frontage setbacks are measured from the outside edge of any public access easement for Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 81 Packet Page 294 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Type B Frontage Setback, minimum to maximum 5 ft. to 15 ft. 5 ft. to 15 ft. 5 ft. to 25 ft. sidewalk or the right-of-way, if no public access easement for sidewalk and streetscape is required or exists, or from the outside edge of any flood or drainage easement, where the frontage is along a flood or drainage area. Refer to subsections 9-14-26(b) for additional information. Side Yard Setback, minimum 7.5 ft.; 0 ft. required at paseo or multi- use path Rear Yard Setback, minimum 20 ft.; 30 ft. if no alley; 5 ft. for detached garage Building Length, minimum to maximum 3 to 6 units or 120 ft., whichever is less Space between Buildings, minimum 10 ft. Site Impervious Coverage, maximum Additional Semi- Pervious Coverage 60% 20% 60% 20% 60% 20% Refer to Section 9-14-8, "Definitions," B.R.C. 1981, for semi-pervious coverage. Yard Area, minimum 225 square feet rear yard required for each unit not fronting a courtyard or outdoor space type. Surface or Accessory Parking Location Parking yard only Parking yard only Parking yard only Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 82 Packet Page 295 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-34. Row Building: Building Siting BOULDER JUNCTION PHASE I ALPINE- BALSAM EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS HEIGHT Refer to FIGURE 14-35. Overall: Minimum Height Maximum Height 2 stories 3.5 stories, 35 ft. 2 stories 3 stories, 35 ft. 2 stories 3.5 stories, 35 ft. Refer to Subsection 9-14-26(e), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Tower,” B.R.C. 1981, allows additional height in a limited footprint. All Stories: Minimum Height Maximum Height 9 ft. 16 ft. 9 ft. 14 ft. 9 ft. 14 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. USES Refer to FIGURE 14-35. All Frontages & Stories All uses consistent Only residential and accessory All uses consistent Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 83 Packet Page 296 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with chapter 9-6 uses consistent with chapter 9-6 with chapter 9-6 zoning district and definition of uses. Required Occupied Building Space, minimum depth from Type A or B frontage facades, all stories 20 ft. 20 ft. 15 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking within Building Permitted only in any basement and in ground story except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to FIGURE 14-36. Type A and B Frontage Transparency Minimum 20%, measured per story of all stories. Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Blank wall limitations, defined in Subsection 9-14-26(g), B.R.C. 1981, apply only on Type A & B frontages. Entrance Location & Number One entrance required per unit on the Type A frontage facade except 1 of every 2 units may front a courtyard or Type B frontage; minimum of one principal entrance per 30 ft. of facade. Refer to Subsection 9-14-26(h), B.R.C. 1981, f o r information on measuring entrance location. Entrance Configuration Entry doors shall be off a stoop, minimum 4 ft. wide and 3 ft. deep; OR a porch, minimum 8 ft. wide & 5 ft. deep. No more than 2 entry doors may be located off each stoop or porch. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for stoop and porch. Refer to Subsection 9-14-32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade on Type A Frontage Facade All Type A frontage facade entrances and the ground story shall be within 30” (vertically) of adjacent street sidewalk average elevation OR between 30” and 5 ft. (vertically) with visible basement (transparency required). Exception: In Boulder Junction Phase I, entrances along Goose Creek frontage shall be located in reference to the elevation of 30th Street, Carbon Place, and/or Junction Place, whichever is closest. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 84 Packet Page 297 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ground Story Vertical Facade Divisions At least one expression line, minimum 2” deep, is required per every 60 ft. of facade width or every 2 units, whichever is less. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line and visible basement. Horizontal Facade Divisions At least one expression line, minimum 2” deep, is required within 3 ft. of any visible basement. CAP REQUIREMENTS Refer to FIGURE 14-36. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat; one tower is permitted per building. Parapet, pitched, flat; one tower is permitted per building. Parapet, pitched, flat; one tower is permitted per building. Refer to Section 9-14-25, B.R.C. 1981, for cap types and other cap requirements. Figure 14-35. Row Building: Height & Use Requirements Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 85 Packet Page 298 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-36. Row Building: Facade Design Requirements 9-14-20 WORKSHOP BUILDING TYPE Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981, for the locations of buildings in the form-based code areas. EAST BOULDER REFERENCES/ADDITIONA L REQUIREMENTS BUILDING SITING Refer to FIGURE 14-37. Type A Frontage Streetwall, minimum 65% Refer to 9-14-14(g) for allowed courtyards in the streetwall and 9-14-14(h) definition of required streetwall variation. Streetwall Variation for Type A Frontages Required Type A Frontage Setback, Minimum to maximum 5 ft. to 25 ft. Refer to Section 9-14-26, B.R.C. 1981, for measuring minimum and maximum setbacks. Type B Frontage Setback, minimum 5 ft. Type C Frontage Setback, minimum 5 ft. Side Yard Setback, minimum 5 ft.; 0 ft. required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and section 9-14-6 for locations and details. Rear Yard Setback, minimum 10 ft.; 25 ft. required if no alley; 0 ft. required at paseo or multi-use path Site Impervious Coverage, maximum 70% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi-pervious coverage. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 86 Packet Page 299 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Additional Semi-Pervious Coverage 25% Surface or Accessory Parking Location Limited side yard & parking yard only Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, for trash & recycling, garage entrances, and loading. Refer to Subsection 9-14-26(c) for limited side yard parking. HEIGHT Refer to FIGURE 14-38. Overall: Minimum Height 1 story Refer to Subsection 9-14- 26(e), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14-25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. Maximum Height 3 stories, 55 ft. All Stories: Minimum Height Maximum Height 9 ft. 18 ft. Stories are measured floor to floor. Refer to Subsection 9-14- 26(f), B.R.C. 1981, for explanation of measurement. Base Types: See allowances for additional height within specific base types allowed, line of this table Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 87 Packet Page 300 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-37. Workshop Building: Building Siting EAST BOULDER REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to FIGURE 14-38. All Frontages & Stories All uses consistent with chapter 9-6 except where base type requirements may be more limited. Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Required Occupied Building Space, minimum depth from Type A & B frontages, all stories 15 ft. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking Location within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FAÇADE REQUIREMENTS Refer to FIGURE 14-39. 15% Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 88 Packet Page 301 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Transparency on All Type A, B, and C Frontage Facades, minimum Blank wall limitations, as defined in subsection 9-14-26(g), apply only to Type A frontages Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Horizontal Facade Divisions At least one expression line, minimum 2-inch deep, is required within 3 ft. of the top of the ground story and the bottom of any 5th story Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. BASE REQUIREMENTS Refer to FIGURE 14-39. All ground story street, courtyard, & public way facades shall meet the requirements of an allowed or required base type. Shopfront Base Allowed on any frontage Refer to Section 9-14-22, B.R.C. 1981, for shopfront base requirements. Stoop Base Allowed on any frontage Refer to Section 9-14-23, B.R.C. 1981, for stoop base requirements. Service Base Allowed on any frontage Refer to Section 9-14-24, B.R.C. 1981, for service base requirements. CAP REQUIREMENTS Refer to FIGURE 14-39. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat. Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 89 Packet Page 302 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-38. Workshop Building: Height & Use Requirements Figure 14-39. Workshop Building: Facade Design Requirements Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 90 Packet Page 303 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9-14-21. CIVIC BUILDING TYPE The Civic building type is not mapped on the regulating plans. It is permitted in any location in any of the form-based code areas except it is prohibited in East Boulder. The uses permitted in this building type are very limited. Refer to Section 9-14-6, “Regulating Plans,” B.R.C. 1981. BOULDER JUNCTION PHASE I ALPINE- BALSAM REFERENCES/ADDITIONAL REQUIREMENTS BUILDING SITING Refer to FIGURE 14-40. Minimum Type A Streetwall, minimum None required None required Type A Frontage Setback, minimum 20' 20' Type B Frontage Setback, minimum 15' 15' Side Yard Setback, minimum 15'; 0' required at paseo or multi-use path For paseos and multi-use paths, refer to the regulating plans and the Transit Village Connections Plan for locations and details. Rear Yard Setback, minimum 15'; 0' required at paseo or multi-use path Building Length, maximum None required None required Refer to Section 9-14-31, B.R.C. 1981, for building massing requirements. Site Impervious Coverage, minimum Additional Semi- Pervious Coverage 50% 20% 50% 20% Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for semi- pervious coverage. Surface or Accessory Parking Location Parking yard only No surface parking allowed Refer to Sections 9-9-12 and 9- 9-14, B.R.C. 1981, for landscaping and screening requirements. Refer to Subsection 9-14-11(a), B.R.C. 1981, for driveway access. Refer to Subsections 9-14-14 (j), (k), and (l), B.R.C. 1981, Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 91 Packet Page 304 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for trash & recycling, garage entrances, and loading. HEIGHT Refer to FIGURE 14-41. Overall: Minimum Height Maximum Height 1 story 5 stories up to 55' 1 story 5 stories up to55' Refer to Subsection 9-14-26(2), B.R.C. 1981, for height measuring requirements and Section 9-14-31, B.R.C. 1981, for building massing requirements. Subsection 9-14- 25(g), “Towers,” B.R.C. 1981, allows additional height in a limited footprint. All Stories: Minimum Height Maximum Height 9' 18'; 24' on single story building 9' 18'; 24' on single story building Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. Figure 14-40. Civic Building: Building Siting BOULDER JUNCTION PHASE I ALPINE- BALSAM REFERENCES/ADDITIONAL REQUIREMENTS USES Refer to FIGURE 14-41. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 92 Packet Page 305 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 All Frontages & Stories Limited to any use in the Public and Institutional use classification consistent with chapter 9-6. Refer to Chapter 9-6, B.R.C. 1981, for permitted uses per zoning district and definition of uses. Required Occupied Building Space Minimum 20' deep on all full height floors from any street facade Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for occupied building space. Occupied building space applies only to full height floors and does not apply to basements. Parking within Building Permitted fully in any basement and in all other stories except where occupied space is required. Refer to occupied building space requirement above. FACADE REQUIREMENTS Refer to FIGURE 14-42. Required Transparency on All Street, Courtyards, & Public Way Facades Minimum 15%, measured per story of all stories. Refer to Subsection 9-14-26(g), B.R.C. 1981, for information on measuring transparency. Entrance Location & Number Principal entrance required on Type A frontage facade. Refer to Section 9-14-26(h), B.R.C. 1981, for information o n measuring entrance location. Entrance Configuration No requirement other than principal entryway requirements. Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for stoop and porch. Refer to Subsection 9-14-32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade 80% of entrances and the ground story shall be within 30" (vertically) of adjacent street sidewalk average elevation OR between 30" and 5' (vertically) with visible basement (transparency required) Exception: entrances along Goose Creek frontage shall be located in reference to the elevation of 30th Street, Carbon Place, and/or Junction Place, whichever is closest. Ground Story Vertical Facade Divisions No requirement Refer to Section 9-14-8, “Definitions,” B.R.C. 1981, for expression line. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 93 Packet Page 306 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Horizontal Facade Divisions No requirement CAP REQUIREMENTS Refer to FIGURE 14-42. Permitted Cap Types, all not listed are prohibited Parapet, pitched, flat Parapet, pitched, flat Refer to Section 9-14-25, B.R.C. 1981, for cap types, and other cap requirements. Figure 14-41. Civic Building: Height & Use Requirement Figure 14-42. Civic Building: Facade Design Requirements Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 94 Packet Page 307 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9-14-22. SHOPFRONT BASE The intent of the shopfront base is to provide convenient, at-grade access between the interior space of the shopfront and the adjacent sidewalk, creating a high level of permeability. The shopfront base may be required or allowed per building type requirements. Where a shopfront base is required or used, shopfront base requirements supersede any building type requirements for the shopfront base portion of the ground story, street facade. See Figure 14-43. USES ADDITIONAL/REFERENCES Allowed Uses Required Shopfront Base Locations per Regulating Plan A use within the following use categories is required: Food, Beverage, and Lodging; Recreation and Entertainment; Retail Sales Uses; Service Uses; and any category in the Public and Institutional Use Classification. Refer to the building type requirements for occupied building space requirement. Other Shopfront Base Locations Any use meeting the requirements of Chapter 9-6, B.R.C. 1981, except residential uses are prohibited. GROUND STORY HEIGHT Ground Story: Minimum Height Maximum Height 12 ft. 24 ft. Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. FAÇADE REQUIREMENTS Ground Story Transparency, minimum 75% measured between 2 ft. and 10 ft. vertically from average grade of adjacent sidewalk. Measured per story. Note that Subsection 9-14-15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for information on measuring transparency. Entrance Location & Number Entrances are required a minimum of one per every 60 ft. of building facade. Refer to Section 9-14-26(i), B.R.C. 1981, for information on measuring entrance location. Entryway Configuration Recessed between 3 ft. and 8 ft., maximum 8 ft. wide, from the portion of the Type A frontage ground story facade closest to the street Refer to Subsection 9-14- 32(e), B.R.C. 1981, for principal entryway requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 95 Packet Page 308 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Entrance/Ground Story Elevation Grade At least 80% of entrances and the ground story shall be within 30 in. (vertically) of adjacent sidewalk elevation. Ground Story Vertical Facade Divisions At least one expression line, minimum 2-inch deep, required per every 30 ft. of facade width. Figure 14-43. Shopfront Base 9-14-23. STOOP BASE The stoop base is a flexible base type intended to allow residential and office-related uses, providing pedestrian-friendly access while allowing an elevated base for privacy on the ground story. The stoop base may be allowed per building type requirements. Where a stoop base is used, stoop base requirements supersede any building type requirements for the stoop base portion of the ground story, street facade. See Figure 14-44. USES ADDITIONAL/REFERENCES Allowed Uses Any use meeting the requirements of Chapter 9-6, B.R.C. 1981. Refer to the building type requirements for occupied building space requirement. GROUND STORY HEIGHT Ground Story: Minimum Height Maximum Height Per building type. Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. FAÇADE REQUIREMENTS Ground Story Transparency, minimum Per building type. Measured per story. Note that Subsection 9-14-15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 96 Packet Page 309 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information on measuring transparency. Number & Spacing of Entrances, minimum Type A Frontage One per ground story residential unit and one per every 50 ft. of facade for other uses. Type B Frontage One per 75 ft. of facade. Entryway Configuration Off a stoop/platform, minimum 6 ft. wide and 3 ft. deep. Refer to Subsection 9-14- 32(e), B.R.C. 1981, for principal entryway requirements. Entrance/Ground Story Elevation Grade At least 80% of entrances and the ground story shall be either: within 30 in. (vertically) of adjacent street sidewalk average elevation OR between 30 in. and 5 ft. (vertically) with visible basement (transparency required) Ground Story Vertical Facade Divisions At least one expression line, minimum 2-inch deep, required per every 30 ft. of facade width. Figure 14-44. Stoop Base 9-14-24. SERVICE BASE Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 97 Packet Page 310 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The intent of the service base is to allow workshops for maker or manufacturing spaces with garage entrances and loading bays along certain frontages, while maintaining pedestrian-friendly facades. The service base may be allowed per building type requirements. Where a service base is used, service base requirements supersede any building type requirements for the base portion of the ground-story, street facade. See Figure 14-45. USES ADDITIONAL/REFERENCES Allowed Uses Any use meeting the requirements of Chapter 9-6, B.R.C. 1981, except residential uses are prohibited. Refer to the building type requirements for occupied building space requirement. GROUND STORY HEIGHT Ground Story: Minimum Height Maximum Height 12 ft. 24 ft. Stories are measured floor to floor. Refer to Subsection 9- 14-26(f), B.R.C. 1981, for explanation of measurement. FAÇADE REQUIREMENTS Ground Story Transparency, minimum Type A Frontages 60% between 2 ft. and 10 ft. above adjacent sidewalk. Measured per story. Note that Subsection 9-14-15(a)(4), B.R.C. 1981, requires this treatment to turn corners. Refer to Subsection 9-14- 26(g), B.R.C. 1981, for information on measuring transparency. Type B and C Frontages Consistent with building type requirement. Blank wall limitations apply only on Type A frontages. Number & Spacing of Pedestrian Entrances, minimum One per each 75-foot portion of street facade Allowed Garage Bays on Frontages, Number Type A Frontage: One per 90 ft. of Type A frontage facade Type B & C Frontage: One per 30 ft. Garage bay glass counts towards minimum facade transparency Opening/Door width, maximum 12 ft. wide Door Transparency, minimum Glass required between 2 ft. and 10 ft. above sidewalk; One-way glass allowed on Type B and C frontages Entrance/Ground Story Elevation Grade At least 80% of entrances and the full ground story shall either be within 30 in. (vertically) of adjacent street sidewalk average elevation OR between 30 in. and 5 ft. (vertically) with visible basement (transparency required on street Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 98 Packet Page 311 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 facades). Visible basement transparency is not required below elevated loading bays with garage doors. Ground Story Vertical Facade Divisions At least one expression line, minimum 2-inch deep required per every 30 ft. of facade width Figure 14-45. Service Base 9-14-25. CAP TYPES The major components of any roof shall meet the requirements of one or a combination of the cap types permitted for the building type pursuant to the building types requirements of Sections 9-14-16 through 9-14-21, B.R.C. 1981. (a) Minor Roofs. Roofs for bay or bow windows, porches, canopies, and dormers are not required to meet the standards of a cap type. (b) Terraces, Green Roofs, Rooftop Gardens, and Other Outdoor Rooftop Facilities. Terraces, green roofs, rooftop gardens, and other outdoor facilities are allowed on any roof; however, the roof and any vertical elements of the outdoor facilities shall be consistent with the standards of a cap type. (c) Encroachments. Roofs, including all eaves or overhangs, shall be fully located within the property lines of the lot, but may encroach into yards consistent with the standards in Section 9-7-3, “Setback Encroachments,” B.R.C. 1981. (d) Pitched Cap Type. The pitched cap type has a sloped or pitched roof. Slope is measured with the vertical rise divided by the horizontal span or run, as shown in Figure 14-46. Examples of Pitched Cap Type. (1) Pitch Measure. The roof shall not be sloped less than 4:12 (rise:run) or more than 14:12. Slopes less than 4:12 are permitted to occur on second story or higher roofs. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 99 Packet Page 312 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Configurations. (A) Gambrel, hipped, gabled, or a combination of hips and gables with or without dormers are permitted. (B) Butterfly (inverted gable roof) and shed roofs are permitted. (C) Mansard roofs are permitted, provided dormers meeting the transparency requirement of a story are incorporated into the roof design. (3) Parallel Ridge Line. A gabled end or perpendicular ridge line shall occur at least every 100 feet of the roof when the ridge line runs parallel to the front lot line. See Figure 14-46. Examples of Pitched Cap Type. (4) Roof Height. Roofs without occupied building space or dormers shall have a maximum height on Type A and Type B frontage facades equal to no more than 1.5 times the upper story floor-to-floor height used on the building. (5) Occupied Building Space. Occupied building space may be incorporated within the pitched cap type. If occupied, the space counts as a half story. (6) Rooftop Appurtenances. Any rooftop appurtenances shall be recessed within the pitched roof with no visibility when viewed from the sidewalk across the street and from any adjacent outdoor space. See Figure 14-47. Recessed Mechanicals in Pitched Cap Type. See Section 9-14-33, "Mechanical and Utility Elements," B.R.C. 1981, for additional requirements. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 100 Packet Page 313 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-46. Examples of Pitched Cap Type Figure 14-47. Recessed Mechanicals in Pitched Cap Type (e) Parapet Cap Type. A parapet is a low wall projecting above a building's roof along the perimeter of the building as shown in Figure 14-48. Example of a Parapet Cap Type. (1) Parapet Height. Parapet height is measured from the top of the upper story to the top of the parapet. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 101 Packet Page 314 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) General Parapet Heights. Minimum parapet height is two feet with a maximum height of six feet. (B) Parapets Exceeding Maximum Height. The approving authority may approve a parapet causing the building height to exceed the maximum permitted height if the approving authority finds the standards for parapet walls of Section 9-7-7, B.R.C. 1981, are met. (2) Horizontal Expression Lines. An expression line that is at least two inches deep and extends along at least eighty percent of the facade shall define the parapet from the upper stories of the building and shall define the top of the cap. (3) Occupied Building Space. No building shall have occupied space behind a parapet cap. (4) Roof Terraces and Roof Decks. Roof terraces and roof decks are permitted on the parapet cap type. (5) Rooftop Appurtenances. Any rooftop appurtenances shall be located towards the rear or interior of the parapet roof. The parapet shall screen the mechanicals when viewed from the sidewalk across the street and from any adjacent outdoor space. See Section 9-14-33, "Mechanical Equipment & Appurtenances," B.R.C. 1981, for additional requirements. Figure 14-(48). Example of a Parapet Cap Type (f) Flat Cap Type. The flat cap type has a visually flat roof with overhanging eaves as shown in Figure 14-49. Example of a Flat Cap Type. (1) Configuration. The roof shall have no visible slope from the street, and eaves are required on all Type A and Type B frontage facades. (2) Eave Depth. Eave depth is measured from the building facade to the outside edge of the eave. Eaves shall have a depth of at least fourteen inches. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 102 Packet Page 315 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) Eave Thickness. Eaves shall be a minimum of six inches thick. Eave thickness is measured at the midpoint of the eave depth, from the bottom of the eave to the top of the eave. The measurement may be taken from a structural support element of the eave to the top of the eave, provided the structural support element occurs at least every four feet along the entire length of the eave. (4) Interrupting Vertical Walls. Vertical walls may interrupt the eave and extend above the top of the eave with no discernible cap if the following requirements are met: (A) No more than one-third of the front facade shall consist of an interrupting vertical wall. (B) Vertical walls shall extend no more than six feet above the top of the eave. See Figure 14-49) Example of a Flat Cap Type. (5) Occupied Building Space. No building shall have occupied space behind a flat cap. (6) Roof Terraces and Roof Decks. Roof terraces and roof decks are permitted on the flat cap type. (7) Rooftop Appurtenances. If the interrupting vertical wall is utilized, any rooftop appurtenances shall be located behind the vertical wall with no visibility when viewed from the sidewalk across the street and from any adjacent outdoor space. If no interrupting vertical wall is utilized, rooftop appurtenances shall be located such that the mechanicals are not visible when viewed from the sidewalk across the street or from any adjacent outdoor space. See Section 9-14-33, "Mechanical Equipment & Appurtenances," B.R.C. 1981, for additional requirements. Figure 14-49. Example of a Flat Cap Type (g) Towers. A tower is a vertical element, polygonal (simple), rectilinear, or cylindrical in plan that shall only be used with other cap types. See Figure 14-50. Example of a Tower. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 103 Packet Page 316 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Additional Height. Towers may add a single story of additional height beyond the maximum height allowed per building type, however, a tower may not exceed a maximum height of fifty-five feet. (2) Tower Width. The maximum tower width along all facades shall be one-third the width of the front facade or fifteen feet, whichever is less, and may not occupy more than 25% of the roof area. See Figure 14-50. Example of a Tower. (3) Transparency. Towers that meet the minimum floor-to-floor height of the building type shall meet the minimum transparency requirements of the building. (4) Horizontal Expression Lines. A minimum two inches deep expression line is required at the cap of the tower. (5) Occupied Building Space. Towers with minimum floor-to-floor heights required by the building type shall be occupied space and may contain any of the uses allowed in upper stories of the building type to which it is attached. (6) Rooftop Appurtenances. No rooftop appurtenances are permitted on tower roofs. (7) Tower Cap. The tower shall be capped by a cap permitted on the building per the building type. Figure 14-50. Example of a Tower Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 104 Packet Page 317 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9-14-26. MEASUREMENT OF BUILDING TYPE REQUIREMENTS The standards outlined in the tables in Sections 9-14-16 through 9-14-21, B.R.C. 1981, applicable to each building type, shall be measured and calculated consistent with the following standards: (a) Minimum Type A Frontage Streetwall Coverage. The minimum percentage of building facade along the Type A frontage of a lot is measured as follows: (1) Measurement. The minimum Type A frontage streetwall shall, at a minimum, equal the width of the principal structures, as measured within the minimum and maximum setback along the frontage, divided by the length of the frontage parallel to the property line following the street minus setbacks along perpendicular property lines. Refer to Figure 14-51. Minimum Type A Frontage Streetwall. (2) Courtyards. For some building types, courtyards located along the facade in the frontage setback count towards the minimum coverage. Refer to building type requirements of Sections 9-14-16 through 9-14-21, B.R.C. 1981. (3) Outdoor Space Type. Open spaces meeting the requirements of one of the outdoor space types established in this chapter are exempt from the minimum Type A frontage streetwall requirement. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 105 Packet Page 318 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-51. Minimum Type A Frontage Streetwall (b) Frontage Setback. The minimum to maximum frontage setback shall be calculated and measured as follows. Refer to Figure 14-52. Frontage Setbacks. (1) Measurement. If the frontage is a Type A, B, or C frontage along a transportation improvement or waterway, the minimum and maximum frontage setbacks are measured from the outside edge of an easement for the transportation improvement or waterway, or, if no easement exists, from the parcel or lot line abutting the transportation improvement or waterway, as applicable. If the frontage is along a required outdoor space, the minimum and maximum frontage setbacks are measured from the outside edge of an easement for the outdoor space, or, if no easement exists, from the parcel or lot line abutting to the outdoor space, or if not within a separate parcel or lot, from the outer edge of the outdoor space as delineated on the site plan. (2) Height. All building facades located within the frontage setback shall meet the minimum building height of the building. (3) Encroachments. Awnings, architectural projections, balconies, and building mounted signage may extend beyond the frontage setback into any yard area but shall not extend into the street right-of-way or public easement unless approved with a revocable permit or lease, as applicable. Figure 14-52. Frontage Setbacks Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 106 Packet Page 319 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) Limited Side Yard Parking. Where allowed by building type, parking may be located in the interior side yard, consistent with the following requirements: (1) The limited side yard parking lot is located fully in an interior side yard. (2) The limited side yard parking is configured as one double- or one single-loaded aisle of parking and the centerline of the aisle is located perpendicular to the street. (3) The limited side yard parking is not located on corners in any street yard. (4) No more than one limited side yard parking lot per building is located along any street frontage. (5) The limited side yard parking lots is not located next to another limited side yard parking lot. (d) Maximum Site Impervious and Additional Semi-Pervious Coverage. Site impervious and additional semi-pervious coverage shall be calculated and measured as follows. Refer to Figure 14-53. Site Impervious and Semi-Pervious Coverage. (1) Maximum Site Impervious Coverage. The maximum site impervious coverage is the maximum percentage of a lot permitted to be covered by structures, pavement, and other impervious surfaces. (2) Additional Semi-Pervious Coverage. In addition to the allowable impervious coverage on a site, a maximum amount of additional semi-pervious coverage is permitted. Figure 14-53. Site Impervious and Semi-Pervious Coverage Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 107 Packet Page 320 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (e) Overall Minimum and Maximum Height. (Refer to Figure 14-54. Measuring Stories with Floor-to-Floor Height). (1) Minimum Overall Height. Each building type requires a minimum number of stories. The building must meet the minimum required height along all Type A frontage facades and measured a minimum of thirty feet deep into the building. (2) Maximum Overall Height. Maximum heights are specified both in number of stories and overall dimension. This requirement applies to the entire building. (A) Towers. Where specifically allowed in the building type tables, Sections 9-14-16 through 9-14-21, B.R.C. 1981, towers may exceed the overall maximum height of the building type per subsection (f) of Section 9-14- 25, "Cap Types," B.R.C. 1981. Towers shall not exceed the maximum height per section 84 of the charter of the City of Boulder. (B) Cap Type. Where specified in subsection (f) of Section 9-14-25, "Cap Types," B.R.C. 1981, certain cap types may allow additional height. (C) Maximum Heights per the City Charter. Under no circumstances may any building or structure exceed the height limitations established in section 84 of the charter of the City of Boulder. (D) Height Measurement Standards. Height shall be measured consistent with height measurement standards of Section 9-7-5, "Building Height," B.R.C. 1981, and the definition of "height" within Section 9-16-1, "General Definitions," B.R.C. 1981. (E) View Corridors. Height is subject to additional limitations where maximum heights are restricted pursuant to the regulating plan to preserve a view corridor. Refer to Sections 9-14-6, "Regulating Plans," and 9-14-7, "View Corridors," B.R.C. 1981. (3) Two Half Stories. If a building has both a half story within the roof and a half story that is partially above and partially below grade, the combined height of the two half stories shall be considered one full story. (f) Minimum and Maximum Height per Story. Each story is measured with a range of permitted floor-to-floor heights. Refer to Figure 14-54. Measuring Stories with Floor-to- Floor Height. (1) Measurement. Story height shall be measured in feet between the floor of a story to the floor of the story above it. Minimum and maximum floor-to-floor heights are required to be met along facades for a minimum of eighty percent of each story. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 108 Packet Page 321 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Single Story Buildings and Top Story Measurement. For single story buildings and the uppermost story of a multiple story building, the minimum floor-to-floor height shall be one foot less than that required per building type. The measurement shall be from the floor of the story to the ceiling. (3) Mezzanines. Mezzanines may be included within the floor-to-floor height of any story. Mezzanines occupying more than thirty percent of the floor area below and extending above the story's allowable floor-to-floor height shall count as an additional story and shall meet transparency requirements in subsection (e)(5), below. (4) Taller Spaces. Spaces exceeding the allowable floor-to-floor heights of the building type are permitted on any facade., On Type A and B frontage facades, the taller space is limited to no more than 35% of the length of the façade or 35 feet, whichever is less. Taller spaces may not exceed the total height of the surrounding stories, and the façade meet the transparency requirements of the surrounding stories. Figure 14-54. Measuring Stories with Floor-to-Floor Height (g) Minimum Required Transparency. Per the requirements of each building type, a minimum amount of transparency is required on all stories of street, courtyard, and public way facades. (1) Measurement. Minimum facade transparency is measured from floor-to-floor of each story separately, except for required minimum ground story transparency (refer to Paragraph 9-14-26(g) (4), B.R.C. 1981, below). Refer to Figure 14-55. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 109 Packet Page 322 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Measuring Minimum Facade Transparency. Transparency requirements shall be met with windows meeting the standards for transparency as defined in Section 9- 14-8, "Definitions," B.R.C. 1981. The measurement may include the frame, mullions, and muntins, but shall not include trim or casing. (2) Blank Wall Segments. No rectangular area greater than thirty percent of the story's facade, as measured floor to floor, shall be without transparency, and no horizontal segment of a story's facade greater than fifteen feet in width shall be without transparency. Refer to Figure 14-56. Measuring Blank Wall Limitations. (3) Exception. When the facade of any story is located less than six feet from another parallel building facade, no minimum transparency is required for that story. (4) Minimum Ground Story Transparency. When required by the building type tables of Sections 9-14-16 through 9-14-21, B.R.C. 1981, ground story transparency shall be measured between two feet and either eight or ten feet, as specified per building type, from the average grade at the base of the facade. The minimum ground story transparency requirements supersede the minimum transparency required for the building type. (5) Mezzanines. Mezzanines shall be treated as a separate story and include the required upper story transparency amounts. (6) Tall Stories. Stories that are eighteen feet or taller in height shall include additional transparency consistent with the following standards. Refer to Figure 14-57. Transparency on Tall Stories. (A) Separate Ground Story Transparency Required. When a separate minimum ground story transparency is required per the building types requirements of Sections 9-14-16 through 9-14-21, B.R.C. 1981, the facade design shall fulfill that requirement in addition to a minimum of twenty-five percent transparency for the remainder of the ground story. (B) No Separate Ground Story Transparency Required. Except on a ground story facade to which a Type A frontage ground story facade transparency requirement applies, a tall story shall be treated as two separate stories, divided in half horizontally, with the minimum transparency per story applied to each half. (7) Half Stories. All half stories located within the roof structure and within visible basements are required to meet the minimum required transparency. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 110 Packet Page 323 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-55. Measuring Minimum Facade Transparency Figure 14-56. Measuring Blank Wall Limitations Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 111 Packet Page 324 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-57. Transparency on Tall Stories (h) Minimum Number of Required Entrances. Entrances shall be provided consistent with the entrance location and number requirements established for the building type and consistent with Figure 14-58. Number of Required Entrances. Figure 14-58. Number of Required Entrances BUILDING DESIGN Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 112 Packet Page 325 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9-14-27. APPLICABILITY AND INTENT OF BUILDING DESIGN REQUIREMENTS (a) Intent. The intent of the requirements in Sections 9-14-27 through 9-14-33, B.R.C. 1981, is to implement the vision for the area as defined in adopted plans for the area, create a sense of place and community, elicit simple, honest, high quality, durable buildings of appropriate scale and massing that are visually interesting, aesthetically pleasing, create a sense of permanence, and are human scaled to enhance the pedestrian experience. (1) Simple. Simple means the building design is organized and easy-to-comprehend through the use of repetition, regularity, and a clear hierarchy. (2) Honest. Honest means the building is easily interpreted by the casual observer. Entrances, floors, and building use are apparent and the form of the building follows the function. The overall bulk and mass of the building clearly represents the structure, spatial layout, and materiality. (3) Human-Scaled. Human-scaled means the buildings are scaled to proportions comfortable to people. Typically, human-scaled buildings have smaller building material units, architectural detailing to accentuate building elements, and a predictable rhythm to the facade pattern. This design approach is used particularly on the ground story where people walk adjacent to the building. (b) Applicability. The requirements of Sections 9-14-27 through 9-14-33, B.R.C. 1981, establish general building design requirements applicable to all buildings located on a property designated in Appendix L, "Form-Based Code Areas," regardless of the building type. No person shall use or develop land in such areas except in conformance with the requirements of Sections 9-14-27 through 9-14-33, B.R.C. 1981, unless an exception has been granted pursuant to Subsection 9-2-16(i), B.R.C. 1981. 9-14-28. FACADE MATERIALS (a) Intent. The intent of the facade materials standards of this section is to: (1) Provide minimum material standards to ensure use of well-tested, high quality, durable, weather-resistant, exterior grade, preferably natural materials on the majority of finished surfaces, while permitting a wider range of materials for details. High quality materials can improve quality of buildings in that they weather well, have a low failure rate, require a low level of maintenance, and create buildings with a longer life cycle and a sense of permanence; (2) Limit the number of facade materials to promote simpler, clearly articulated facades; and (3) Encourage a high level of detail from smaller scaled, less monolithic materials in order to relate facades to pedestrians, especially at the ground level. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 113 Packet Page 326 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Major Materials. The major material requirements of this section may be met only with materials listed as allowed major facade materials in Table 14-8, “Allowed Major Facade Materials,” for the relevant form-based code area. See Figure 14-59. Examples of Allowed Facade Materials. (1) Type A Frontages. A minimum of eighty percent of each Type A frontage facade, not including window and door areas, shall be composed of major materials, as specified in this section. (2) Type B and C Frontages. A minimum of sixty percent of each Type B and C frontage facades, not including window and door areas, shall be composed of major materials, as specified in this section. (3) Simplicity of Surface Materials. To meet the major façade materials requirements of this section, a minimum of sixty percent of each Type A, B, and C facade, not including window and door areas, shall be faced of a single major material. In Boulder Junction I and Alpine-Balsam, architectural metal panel systems shall not be used to meet this standard. (4) Corners of Buildings. Where Type A, B, or C facades are located perpendicular to a rear, interior side, or rail corridor facade, the major materials on the Type A, B, or C facade shall be continued around the corner along the perpendicular facade for a minimum of thirty feet. (c) Prohibited Materials. The materials listed in Table 14-11, “Prohibited Materials,” are prohibited on any building facade. See Figure 14-60. Examples of Prohibited Facade Materials. (d) Minor Materials. Minor materials may be installed on the remaining facade areas of the building not required to meet major material requirements. Minor materials are materials listed as allowed minor facade materials in Table 14-9, “Allowed Minor Facade Materials,” for the relevant form-based code area. (e) Details and Accents. Detail and accent materials listed in Table 14-10 may be installed as a detail or accent on any facade. The approving authority may allow other details and accent materials that are similar in quality and durability to those listed in Table 14-10, “Allowed Detail & Accent Materials.” (f) Solar Panels. Where solar panels are mounted on any facade, any major or minor facade material may be used on that facade, provided the material is not visible through the panels. TABLE 14-8. ALLOWED MAJOR FACADE MATERIALS BOULDER JUNCTION I ALPINE- BALSAM EAST BOULDER Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 114 Packet Page 327 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAJOR FACADE MATERIAL (alphabetical) ALL BUILDING TYPES ALL BUILDING TYPES GENERAL, ROW BUILDINGS WORKSHOP BUILDINGS Brick full dimensional, unit, face brick A A A A Brick economy size (larger than 3 inches in height) Limited to rear, alley, and rail corridor facades A A Concrete Masonry Units, Architectural architectural, minimum 3-inch depth, “artisan stone” look, varied sizes, “stone” face, “hewn stone”, rock cut; with complementary trim pieces and finished corner units; integral color – – A A Concrete Masonry Units minimum 3-inch depth, split- faced, burnished/ground face, glazed, or honed Limited to rear, alley, and rail corridor facades Fiber Cement Board panels, finished lap siding or shingles Row Building only A Glass curtain wall A – A A Metal, Architectural architectural panel, cladding system (steel, titanium, zinc) A On rear, alley, and Type B facades only A A Metal, Corrugated, Other ribbed, corrugated, sheet – – On rear, alley, rail corridor, and Type C facades only Solar Facade System PV cladding system or rainscreen system A – A A Stone natural, units A A A A Stucco cement-based, 2–3-layer hard coat On rear, alley, and Type B facades only A Terra Cotta or Ceramic tiles or panels, rainscreen system – – A A Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 115 Packet Page 328 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wood painted, stained, treated, natural, or aged lap siding, shingles, board & batten A A A A Wood, Composite lap siding, shingles, board & batten, rainscreen system A A A A KEY: A = Allowed Major Material – = Prohibited TABLE 14-9. ALLOWED MINOR FACADE MATERIALS BOULDER JUNCTION I ALPINE- BALSAM EAST BOULDER MINOR FACADE MATERIAL (alphabetical) ALL BUILDING TYPES ALL BUILDING TYPES GENERAL, ROW BUILDINGS WORKSHOP BUILDINGS Brick thin, veneer – – – a Concrete Surfaces, Unfinished untreated, unstained, unpainted – – – a Concrete Surfaces, Finished stained, painted, treated – – a a Concrete Masonry Units, Architectural architectural, minimum 3-inch depth, “artisan stone” look, varied sizes, (Echelon Masonry or approved equal), “stone” face, “hewn stone,” rock cut a a a a Concrete Masonry Units minimum 3-inch depth, split-faced, burnished/ground face, glazed, or honed, a a a a Fiber Cement Board finished panels a - Upper stories only a Glass curtain wall a a a a High-Pressure Laminate (HPL) panels, rainscreen system – – a a Metal Architectural architectural panel, cladding system (steel, titanium, zinc, corten, steel) a a a a Metal, Aluminum Composite aluminum composite materials (ACM) or panels (ACP) – – – a Metal, Corrugated, Other ribbed, corrugated, sheet – – a a Stucco cement-based, 2–3-layer hard coat a a a a Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 116 Packet Page 329 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Terra Cotta or Ceramic tiles or panels a a a a KEY: a = Allowed Minor Material – = Prohibited TABLE 14-10. ALLOWED DETAIL & ACCENT MATERIALS All allowed major and minor facade materials may be used for details, trim, and accents. Concrete Details precast stone ornamentation, lintels, sills, banding, columns, beams Fiber Cement Details trim, soffits Metal Details trim, ornamentation, lintels, beams, columns Wood and Wood Composite Details painted/treated trim, soffits, other approved details Vinyl Details limited to soffits, window trim; minimum .04 inches thick TABLE 14-11. PROHIBITED MATERIALS Concrete Surfaces, Unfinished (except as allowed in Table 14-9) untreated, unstained, unpainted Fiberglass and Acrylic Panels All Glass Block All Plastic Panels all, including high-density polyethylene, polyvinyl chloride (PVC), and polycarbonate panels Stucco or Synthetic Stucco Moldings & Assemblies trim, sills, cornices, banding, columns, pilasters or other 3-dimensional decorative details Synthetic Stucco Surfaces all Vinyl & PVC Siding all Wood unfinished, untreated plywood siding or panels Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 117 Packet Page 330 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-59. Acceptable Materials Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 118 Packet Page 331 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-60. Unacceptable Major Materials (d) Other Materials with Approval. Materials that are not listed in this section for its proposed application as an allowed major material or allowed minor material may not be installed on any facade unless approved by the approving authority pursuant to this subsection (d). (1) The approving authority may approve facade materials that are not listed in this section for its proposed application if the applicant demonstrates the material in its proposed application meets the intent of the facade material standards described in subsection (a) of this section. Samples and examples of successful high quality local installation shall be provided by the applicant. 9-14-29. BUILDING CONSTRUCTION QUALITY (a) Intent. The intent of the building construction quality requirements is to advance the quality of construction, durability, and aesthetics of new buildings, specifically related to application and detailing of facade materials. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 119 Packet Page 332 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Changes in Material. Changes in vertical surface materials shall meet the following standards: (1) Changes in Surface Materials. Changes in surface materials, whether major materials or minor materials, shall occur only at concave corners, where the distance to the next generally parallel facade plane is a minimum of eight inches. Surface materials are materials intended to cover the facade surface (such as unit materials, siding, stucco, panels) and do not include detail materials, such as but not limited to cast stone for lintels or cornices, exposed metal beams, or any material used to create an expression line. See Figure 14-61. Diagram of Allowable Changes in Surface Materials. (2) Materials Hierarchy. Unit materials shall be elevated from the face of the building above less detailed, surface materials. For example, stucco, as a constant surface material, shall be recessed behind a bricked surface. (3) Shadow Lines on Surfaces. Shadow lines shall be created with solid materials of a depth that is greater than two inches, such as cast stone, masonry, or stone. For example, cast stone pieces may be offset to create a shadow, where the convex corner of the piece is used to create the corner of the detail. (c) Appropriate Grade of Materials. Except on row buildings, all doors, windows, and hardware shall be of commercial quality. (d) Applique Materials. Materials with thickness of less than two and a half inches, including but not limited to stucco, shall not be used or formed to create expression lines. (e) Stucco Installation. Stucco, when allowed, shall be of the highest installation quality, meeting the following criteria: (1) Contractor Submittal. The contractor utilized for installing the stucco shall have a minimum of five years’ experience with a minimum of at least thirty projects. The applicant shall submit as part of the design review application the contractor name, address, experience level, including years and number of projects, and examples of installations within the last five years. Examples of installation shall be of high-quality installations meeting the requirements of this subsection (e). (2) Jointing. All stucco joints shall be aligned along the facade in the pattern shown on the elevations submitted for the design approval. Joints shall also align with the locations of windows and doors and other changes in material. (3) Construction. The stucco wall assembly shall be indicated on the plans specifying stucco type and construction. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 120 Packet Page 333 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-61. Diagram of Allowable Changes in Surface Materials 9-14-30. BUILDING ARTICULATION (a) Intent. The intent of this section is to require building design that achieves balanced and articulated building composition, a perceived intimate scale of buildings, and pedestrian interest. (b) Articulation of the Base. With the exception of entryways, the ground story of a building with a required storefront pursuant to Section 9-14-6 "Regulating Plans," B.R.C. 1981, shall not be recessed more than eighteen inches from the second story facade. (c) Building Facade Variety. See Figure 9-14(52). Illustrations of Building Massing and Articulation. All buildings 120 feet in width or greater along any Type A, B, or C frontage shall fulfill the following requirements: (1) Increments. Each Type A, B, or C frontage facade shall be varied in segments less than or equal to ninety feet. (2) Requirements. Each facade segment shall vary by the type of dominant material or by color, scale, or orientation of that material, and by at least two of the following: (A) The proportion of recesses and projections. within the frontage setback. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 121 Packet Page 334 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) The location of the entrance and window placement, unless storefronts are utilized. (C) Roof type, plane, or material, unless otherwise stated in the building type requirements. (D) Building heights. (3) Alternative Method of Compliance. The reviewing authority may approve a facade design that does not meet requirements of this subsection (c) if the applicant demonstrates that the proposed design achieves the intent of the building articulation requirements of this section without meeting the building facade variety requirements. The applicant shall submit fully rendered elevations and 3-dimensional drawings of all streets, paseo and multi-use path facades with materials samples for all surfaces to demonstrate that the intent of this section is met. 9-14-31. BUILDING MASSING (a) Intent. The goals of the building massing standards are to ensure an appropriate perceived scale of buildings from the public ways — breaking up large buildings in a simple way to ensure a human-scaled place and to provide a high level of permeability to all blocks. (b) Buildings over Forty Feet in Height. See Figure 14-52. Illustrations of Building Massing and Articulation. With the exception of the civic building in Alpine-Balsam, any building of the project over forty feet in height and not utilizing a pitched cap on at least sixty percent of the roof shall meet the following standards: (1) Varied Building Heights. A minimum of thirty percent of the total footprint of all buildings combined on the site shall be at least one story lower than the tallest portion of the building footprint, not including towers. (A) Along Type A Frontages. A portion of the lower height shall occur along at least one Type A frontage. (B) Stepped-Back Facade. The requirement for varied building heights in paragraph (b)(1), above, shall not be met by a linear stepping-back of the facade along the top story, but shall constitute a change in massing of the building. (C) Pitched Roofs. The lower height area may include a pitched roof with or without a half story beneath. The half story may not exceed 65% of the floor area of each of the stories below the half story. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 122 Packet Page 335 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D) Terraces. Roof areas on lower height portions of buildings may be occupied by roof terraces; however, areas of the terraces covered by permanent roof structures do not count as a lower story for the purposes of this requirement. Figure 14-52. Illustrations of Building Massing and Articulation 9-14-32-. BUILDING FACADE ELEMENTS (a) Windows. Windows on all buildings shall be constructed consistent with the following requirements: (1) Amount. Each building shall meet the transparency requirements applicable to the building type pursuant to Sections 9-14-16 through 9-14-21, B.R.C. 1981. (2) Recessed. All windows, with the exception of ground story storefront systems, shall be recessed with the glass a minimum of two inches back from the facade surface material or adjacent trim. (3) Vertically Oriented. All windows on Type A, B, and C frontage facades shall be vertically oriented unless the following standards are met: (A) Upper Stories. Horizontally oriented windows may be used for up to thirty percent of the total transparency area of each upper story. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 123 Packet Page 336 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Window and Height Location. Horizontally oriented windows may be used if the height of at least seventy-five percent of the windows is a minimum of five feet, and the windows are located no more than three feet above the interior floor level. (4) Visibility Through Glass. Reflective glass is prohibited on Type A, B, and C frontage facades. Windows shall meet the transmittance and reflectance factors established in the transparency definition of Section 9-14-8 "Definitions," B.R.C. 1981. (5) Expressed Lintels. Lintels shall be expressed above all windows and doors by a change in brick coursing or by a separate element. See Figure 14-63. Vertically Oriented Windows with Expressed Lintels. Figure 14-63. Vertically Oriented Windows with Expressed Lintels (b) Awnings, Canopies, & Light Shelves. On Type A, B, and C frontage facades, awnings, canopies, and light shelves shall be constructed consistent with the requirements of this subsection. See Figure 14-64. Examples of Permitted Awnings. (1) Encroachment. Awnings, canopies, and light shelves shall not extend into a city right-of-way or easement except consistent with the requirements of Section 8-6- 6, "Requirements for Revocable Permits, Short-Term Leases and Long-Term Leases," B.R.C. 1981. (2) Attached Awnings & Canopies. Awnings and canopies that are attached to the building and could be removed shall meet the following standards: (A) Material. All awnings and canopies shall be canvas or metal. Plastic awnings are prohibited. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 124 Packet Page 337 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Solar Panels. Solar awnings or canopies are allowed. (C) Shapes. Waterfall or convex, dome, and elongated dome awnings are prohibited. (D) Lighting. Backlit awnings are prohibited. (E) Structures. Frames shall be metal and shall be wall mounted. Support poles are prohibited unless utilized for outdoor eating areas over eight feet in depth. (F) Multiple Awnings on the Facade. When more than one awning is mounted on a facade, the awning types and colors shall be coordinated by matching the color, shape, material, or other element. (3) Canopies & Light Shelves. Permanent canopies, projections, or overhangs used as architectural features, light shelves, or shading devices are permitted, subject to materials standards of Section 9-14-28, "Facade Materials," B.R.C. 1981. (4) Clearance. All portions of any awning, canopy, or light shelf shall provide at least eight feet of clearance over any walkway and shall not extend over any driveway. Figure 14-64. Examples of Permitted Awnings Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 125 Packet Page 338 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (c) Balconies. On a Type A frontage facade, any balconies shall meet the requirements of this subsection (c), and false balconies are prohibited. On Type B and Type C frontage facades, any balconies shall meet the requirements of this subsection (c) or be false balconies. See Figure 14-65. Examples of Balconies. (1) Balcony Requirements. Balconies shall meet the following: (A) Definition. For the purpose of this subsection (c), balconies shall include any roofed or unroofed platform that projects from the wall of a building above grade and is enclosed only by a parapet or railing. (B) Size. Balconies shall be a minimum of four feet deep and five feet wide. (C) Integrated Design. A minimum of thirty-five percent of the perimeter of each balcony shall abut an exterior wall of the building, partially enclosing the balcony. The balcony support structure shall be integrated with the building facade; separate columns or posts supporting any balcony from the ground are prohibited. (D) Platform. The balcony platform shall be at least three inches thick. Any underside of a balcony that is visible from any public way shall be finished. (E) Facade Coverage. No more than forty percent of Type A and Type B frontage facades, calculated separately for each facade, may be covered by balconies. The balcony area is calculated by drawing a rectangle around the platform or floor of the balcony, any columns or indentations, and any ceiling, roof, or upper balcony. (2) False Balconies. False balconies consist of a rail and door, and any outdoor platform less than eighteen inches in depth. The requirements of paragraph (1) of this subsection (c) do not apply to false balconies. Figure 14-65. Examples of Balconies Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 126 Packet Page 339 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) Shutters. If included in the design, shutters, whether functional or not, shall meet the following requirements: (1) Size. All shutters shall be sized for the windows, so that, if the shutters were to be closed, they would not be too small for complete coverage of the window. (2) Materials. Shutters shall be wood, metal, fiber cement, composite wood, or high- pressure laminate (HPL). Vinyl shutters are prohibited. Other "engineered" materials may be approved provided that the applicant submits a sample and examples of high quality, local installations of the material, installed a minimum of five years earlier and showing no degradation or wear of the material. (e) Principal Entryway. See Figure 14-66. Examples of Defined Principal Entryway. Principal entrances to buildings or units, with the exception of ground story storefront systems, are subject to the following: (1) Principal entrances shall be clearly delineated through at least two of the following design features: (A) Cap or Canopy. The entryway is covered by a cap or canopy differentiating it from the overall building cap. (B) Porch. The entryway is through a porch. (C) Sidelights and Transom. Sidelights or transom windows are included around the entryway. (D) Lighting Feature. The entrance is lit with a sculptural lighting feature or other unique lighting system visible during daylight. (E) Sculpture or Mural. The entryway is defined by a special art feature, either a sculpture or mural. (F) Extended Articulation. The entryway is included in a separate bay of the building that extends up at least two stories. (2) Other Design. The approving authority may approve a design that does not meet the standards of this subsection if the authority finds that the design adds emphasis and draws attention to the entryway. (3) Right-of-Way. Doors shall not swing into city right-of-way or easement. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 127 Packet Page 340 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure 14-66. Examples of Defined Principal Entryway 9-14-33. MECHANICAL AND UTILITY EQUIPMENT (a) Intent. Mechanical equipment and utility equipment can have a negative visual impact and detract from the quality of the design of a building. The purpose of the standards of this section is to ensure that the visual impact of mechanical and utility equipment is minimized. (b) Mechanical Equipment in Building. Mechanical equipment shall be located within the building, unless the applicant demonstrates the equipment is necessary for the function of the building and locating the equipment within the building would conflict with the equipment's function. (c) Rooftop Mechanical Equipment. In addition to the meeting the requirements of Section 9-7-7, "Building Height, Appurtenances," B.R.C. 1981, any rooftop mechanical equipment, including without limitation vents, ventilators, skylights, and antennas, and excluding solar energy and wind energy conversion systems, shall meet the following standards: (1) Rooftop mechanical equipment shall be located consistent with one of the following methods: (A) Incorporate equipment into the roof design consistent with the applicable standards of Section 9-14-25, "Cap Types," B.R.C. 1981. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 128 Packet Page 341 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) Set the equipment back a minimum of twenty feet from any Type A or B frontage facade. (d) Mechanical Equipment on Facades. Mechanical equipment shall not be located on a facade unless the applicant demonstrates that locating the equipment in a different location would conflict with the equipment's function. Any mechanical equipment on a facade, such as dryer vents, gas meters, and air conditioners, shall be located consistent with the following standards: (1) Facade. The mechanical equipment may be located on a non-Type A frontage facade. The equipment and appurtenances may be located on a Type A frontage facade only if the following requirements are met: (A) The equipment is located on a surface perpendicular to any right-of-way; (B) The equipment extends from the facade surface no more than three inches; and (C) The equipment is screened from the sidewalk. (2) Alignment. Multiple pieces of mechanical equipment shall be organized on the facade in a regular pattern and aligned. Compliance with this standard shall be illustrated on the drawing elevations submitted as part of the application. (3) Material Coordination. To the extent practicable, facade-mounted mechanical equipment shall be located on a material that limits their visibility. For example, dark colored vents will be more visible on light colored stucco than a textured, darker surface such as brick. (4) Screening. Mechanical equipment shall be screened from view unless the approving authority finds that such screening conflicts with the function of the equipment. The form, material, and color of the screening shall meet the following criteria: (A) Screening, other than landscaping, is consistent with the building design, colors, and materials; (B) The equipment is placed where it is least visible from adjacent streets; (C) The height of any screen is the minimum appropriate to adequately screen the mechanical equipment; and (D) Screening does not increase the apparent height of the walls of the building. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 129 Packet Page 342 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (5) No encroachment. Mechanical equipment shall not extend into any public right- of-way or easement. (e) Mechanical and Utility Equipment on Other Horizontal Surfaces. Mechanical equipment and utility equipment located on the ground, decks, or horizontal surfaces other than the roof, such as, but not limited to, electrical equipment and air conditioners, shall be located consistent with the following standards: (1) All equipment may be located in the parking yard or a Type B Street yard. (2) Equipment may be located in a side yard provided the side yard does not contain or abut a paseo. (3) All equipment shall be screened from view from any public way with landscaping, fencing, or walls consistent with the building design, colors, and materials. (4) The reviewing authority may approve mechanical or utility equipment to located on a Type A street or on a paseo only if the following conditions are met: (A) The applicant demonstrates that the equipment cannot be located in a parking yard, Type B Street yard, or in a side yard that does not contain a paseo. (B) The equipment is fully screened with a wall that is consistent with the building design, colors, and materials and of a height that is the minimum to adequately screen the equipment and that does not prevent the facade from fulfilling any transparency requirements. Section 13. Appendix L., “Form Based Code Areas,” to Title 9, “Land Use Code,” B.R.C. 1981, is repealed and replaced with Appendix L to Title 9 - “Form Based Code Areas” as shown in Exhibit A to this ordinance. Section 14. Appendix M. Form-Based Code, B.R.C. 1981, is repealed in its entirety to read as follows: APPENDIX M (Reserved) Section 15. The city council directs the city manager to add the effective date of this ordinance to Footnote 1 in Section 9-14-5, B.R.C. 1981, as anticipated by this ordinance. Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 130 Packet Page 343 of 903 K:\PLCU\o-8669 1st rdg amended FBC East Boulder-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 16. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 17. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November 2024. ____________________________________ Aaron Brockett, Mayor Attest: __________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 5th day of December 2024. ____________________________________ Aaron Brockett, Mayor Attest: __________________________________ Elesha Johnson, City Clerk Attachment E – Amended Proposed Ord. 8669 Item 3F - 1st Rdg Ord 8669 Amended EBSP & Form-Based Code Updates Page 131 Packet Page 344 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8674 amending Section 4-20-23, “Water Permit Fees,” C hapter 11-1, “Water Utility,” and C hapter 11-2, Wastewater Utility,” B.R.C. 1981, updating water permit fees and clarifying enforcement provisions under the Backflow Prevention and C ross-Connection C ontrol Program to protect the drinking water system and public health; and setting forth related details P RI MARY STAF F C ON TAC T Meghan Wilson-Outcalt, Water Quality Senior Manager RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to order published by title only Ordinance 8674 amending Section 4-20-23, “Water Permit Fees,” Chapter 11-1, “Water Utility,” and C hapter 11-2, Wastewater Utility,” B.R.C. 1981, updating water permit fees and clarifying enforcement provisions under the Backflow Prevention and Cross-C onnection C ontrol Program to protect the drinking water system and public health; and setting forth related details AT TAC H ME N T S: Description I tem 3G - 1st Rdg Ord 8674 B ackflow Code Updates Packet Page 345 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8674 amending Section 4-20-23, “Water Permit Fees,” Chapter 11-1, “Water Utility,” and Chapter 11-2, “Wastewater Utility,” B.R.C. 1981, updating water permit fees and clarifying enforcement provisions under the Backflow Prevention and Cross- Connection Control Program to protect the drinking water system and public health; and setting forth related details PRESENTERS Nuria Rivera-Vandermyde, City Manager Leila Behnampour, Assistant City Attorney III Joe Taddeucci, Director of Utilities Meghan Wilson Outcalt, Water Quality Senior Manager Kate Dunlap, Drinking Water Quality Manager Michael Parrish, Water Quality Compliance Program Manager EXECUTIVE SUMMARY The purpose of this agenda item is the introduction and first reading of Proposed Ordinance 8674, Attachment A. This proposed ordinance makes code changes related to the city’s Backflow Prevention and Cross-Connection Control Program. The City of Boulder is committed to providing safe, high-quality drinking water for the community, including protecting drinking water from backflow events. Backflow is the reverse flow from a customer’s water system into the city’s water distribution system. Backflow is a public health risk and is prevented by backflow prevention assemblies installed on water service lines or plumbing fixtures. State Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 1 Packet Page 346 of 903 regulations and Boulder Revised Code require most non-single-family water connections to have backflow prevention assemblies that are owned and maintained by the property owner. Although in most cases the city does not own the assemblies, the city is responsible for enforcing customer compliance with all state and city regulations related to assembly installation, maintenance and testing. State backflow regulations are strict, and the city spends considerable resources to protect drinking water for all customers and avoid receiving violations from the state, which results in the city having to notify all water customers of the violation in writing and potential loss of customer confidence and trust in the city’s drinking water. Backflow program staff spend the majority of their time tracking, following up with, and enforcing on a relatively small percentage of non-compliant customers. Currently, the primary enforcement tool available is water shutoff. To ensure safe drinking water, support customer compliance with backflow regulations, and reduce time spent on enforcement, staff are proposing new fees and penalties for non-compliance (see Table 1), which are consistent with other Front Range water providers and with other city enforcement programs. Water service shut-off will remain available as an enforcement tool, and these code changes allow for more flexibility in enforcement options. STAFF RECOMMENDATION COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS • Economic – Property owners are already required to install, maintain and test backflow prevent assemblies per state regulations and city code; the costs associated with these requirements will not change. Staff will continue to notify property owners, managers and tenants of requirements and how to avoid fees and penalties by complying with regulatory requirements on time. With additional enforcement tools, staff time spent on enforcement is expected to decrease. These efficiencies will allow for broader application of water quality protection that is a better use of rate-payer funds. • Environmental – Backflow prevention protects drinking water quality from contamination. Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8674 amending Section 4-20- 23, “Water Permit Fees,” Chapter 11-1, “Water Utility,” and Chapter 11-2, “Wastewater Utility,” B.R.C. 1981, updating water permit fees and clarifying enforcement provisions under the Backflow Prevention and Cross-Connection Control Program to protect the drinking water system and public health; and setting forth related details Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 2 Packet Page 347 of 903 • Social – Staff used the Racial Equity Instrument to assess the impacts of these changes, which reaffirmed the benefits of clean drinking water for the entire community and also highlighted the need to continue to use enforcement discretion if there are specific barriers to understanding or implementing requirements, such as language barriers or financial constraints. OTHER IMPACTS • Fiscal – No new funding or resources required. This is part of staffs’ current work plan. • Staff time –With these changes, less staff time should be spent on enforcement, allowing for more proactive water quality protection and better use of rate-payer funds. RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None. BOARD AND COMMISSION FEEDBACK Staff brought this item to the Water Resources Advisory Board on October 21, 2024, and received positive feedback on the proposed changes. PUBLIC FEEDBACK None to date. The backflow prevention program website has been updated to include information on the proposed code changes, and staff have conducted targeted outreach to property managers and backflow testing companies since late September 2024. BACKGROUND Under state drinking water regulations (Regulation 11.39) and city code (Section 11-1-25, B.R.C. 1981), backflow prevention assemblies are required on most non-single family residential water connections and all commercial, industrial, fireline, and metered irrigation water connections. Property owners who have backflow assemblies play an important role in protecting drinking water and public health for the community. All assemblies must be tested annually by a certified backflow technician hired by the property owner. To ensure compliance, city water quality staff track the annual testing, repairs and installations of about 7,800 backflow prevention assemblies; conduct hundreds of property and backflow assembly surveys each year; conduct extensive proactive customer outreach; and enforce on properties that are not compliant with backflow regulations. State backflow regulations have increased significantly in recent years. Since 2022, at least 90% of all backflow prevention assemblies must be tested annually; any assembly repairs or new installations must be completed within 120 days (unless staff approve an extension); and more than 95% of properties must be surveyed on a rolling basis. If any of these requirements are not Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 3 Packet Page 348 of 903 met—for even one assembly—the city is in violation of state drinking water regulations and must notify all water customers of the violation in writing. Despite overall programmatic improvements since 2021—including better data collection and reporting, an increase in staffing levels and an overall increase in assemblies tested annually— the city has received four violations for backflow noncompliance over the past several years. To ensure consistent success in meeting compliance targets, staff have identified a need to expand the enforcement tools available to more effectively address the relatively small percentage of non-compliant customers. ANALYSIS Currently, the city’s primary enforcement mechanism for backflow non-compliance is water shut off. Non-compliant customers make up a small portion of the overall number of customers. Because of the public health risks and financial impacts of shutting off water to large residential units and commercial buildings, staff prioritize outreach, education, and compliance assistance before considering water shut off. 1 Although this approach aligns with the city’s customer service values, it can put the city at risk of a violation and strain resources that could otherwise be put toward overall program improvements. To better ensure drinking water protection and support customer compliance with backflow regulations, staff are proposing new fees and penalties for non-compliance (see Table 1), which are consistent with other Front Range water providers and with other city enforcement programs. The goal of these changes is to reduce the number of touchpoints with customers by providing clearer guidelines and more concrete incentives to meet requirements before enforcement starts. Staff will also have better leverage with the relatively small number of customers who routinely wait for water shut-off notices (hangtags) to act and who fail to meet mutually agreed-upon compliance schedules. Customers can avoid fees and fines by meeting deadlines or, if there are delays in coming into compliance, actively working with staff and showing progress toward resolution. Staff are also drafting a City Manager Rule, Attachment B, that provides new deadlines for irrigation assemblies to ensure testing occurs prior to winterization. 1 Of the more than 1,600 hangtags hung in 2023 and 2024, thirteen occupied domestic water shut offs have taken place (most of which were only for a couple of hours). Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 4 Packet Page 349 of 903 Table 1 - Current vs. proposed fees and penalties for backflow non-compliance Staff Action Current Fee New Fee/Penalty Reminder postcard (for testing) (sent the month the test is due) $0 $0 Past-due postcard (for testing) (sent the month after a test is due) $0 $0 Notice of Violation (NOV) letter (for unaddressed failed tests or no assembly/needs install) $0 $0 Hangtag notifying of potential water shut off (if no response to past-due postcard OR no response to NOV letter) $0 $58 fee Water shut off (10 days after hangtag; can be avoided if customer provides a schedule; staff also call or email to attempt to reach customers if no response to hangtag) $103 fee $103 fee 2nd Hangtag (Schedule agreed upon, but not followed through on, requiring new hangtag) $0 $58 fee for hangtag; and either $250 penalty for testing OR $650 penalty for repair/install 3rd (and subsequent) Hangtag (Another schedule made, but still not kept, requiring new hangtag) $0 $58 fee for hangtag; and either: $650 penalty for testing OR $1500 penalty for repair/install For a flowchart of the outreach and enforcement process, please see Attachment C. NEXT STEPS The proposed Backflow Prevention Program code changes are scheduled for second reading and adoption on consent at the December 5, 2024, council meeting. If adopted as scheduled, code changes and the draft City Manager Rule will go into effect in January 2025. If Proposed Ordinance 8674 is adopted, staff will update customer outreach materials, including annual testing reminder postcards, notices of violation, and hangtags, to clearly communicate the new fees and penalties and how customers can avoid extra costs by meeting compliance deadlines. ATTACHMENTS A – Proposed Ordinance 8674 B – Draft City Manager Rule C – Outreach and Enforcement Process Flowchart Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 5 Packet Page 350 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 8674 AN ORDINANCE AMENDING SECTION 4-20-23, “WATER PERMIT FEES,” CHAPTER 11-1, “WATER UTILITY,” AND CHAPTER 11-2, “WASTEWATER UTILITY,” B.R.C. 1981, UPDATING WATER PERMIT FEES AND CLARIFYING ENFORCEMENT PROVISIONS UNDER THE BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL PROGRAM TO PROTECT THE DRINKING WATER SYSTEM AND PUBLIC HEALTH; AND SETTING FORTH RELATED DETAILS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 4-20-23, “Water Permit Fees,” B.R.C. 1981, is amended to read as follows: An applicant for a water permit under Sections 11-1-14, “Permit to Make Water Main Connections,” 11-1-15, “Out of City Water Service,” or 11-1-16, “Permit to Sell Water,” B.R.C. 1981, or for water meter installation under Section 11-1-36, “Location and Installation of Meters; Maintenance of Access to Meters,” B.R.C. 1981, or for testing or inspection of backflow prevention assemblies under Section 11-1-25, “Duty to Maintain Backflow Prevention Assembly and Prevent Cross-Connection Control,” B.R.C. 1981, and for inspection for cross-connections under Section 11-1-25, “Duty to Maintain Backflow Prevention Assembly and Prevention Cross- Connection Control,” B.R.C. 1981, shall pay the following fees: (a)Permit fee (stub, connection, enlargement, renewal, abandonment): …. (1)Water residential….$127 (2)Water nonresidential….169 (3)Water private property repair….42 (4)Irrigation residential….127 (5)Irrigation nonresidential….169 (6)Fire line residential….127 (7)Fire line nonresidential….169 (8)Main extension….326 . . . (g)Tests and inspections for bBackflow prevention assembliesprogram: …. (1)To test or inspect first backflow prevention assembly…..$200 (2)Each additional assembly test at same location….103 (3)For cross-connection inspectionbackflow prevention survey first hour….200 Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 6 Packet Page 351 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) For each additional hour conducting backflow prevention survey at same location….103 (5) To deliver water service termination notice for backflow violation….58 Section 2. Chapter 11-1, “Water Utility,” B.R.C. 1981, is amended to read as follows: . . . 11-1-2. - Definitions. For the purpose of this chapter and Chapter 11-2, “Wastewater Utility,” B.R.C. 1981, and the related fees in Chapter 4-20, “Fees,” B.R.C. 1981, the following words have the following meanings, unless the context clearly indicates otherwise: Average Winter Consumption means the average number of gallons of water use per month reflected on a user’s water bill for the period covering the most recent consecutive months of December, January, February and March. For accounts registering no water use in one or more of the four monthly billing periods, an average shall be established using those months in which there was usage, historical use records or other available data. . . . Backflow means the reverse flow of water, fluid, or gas caused by back pressure or back siphonage. Backflow prevention assembly means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly is appropriate for the identified contaminant at the cross-connection, is an in-line field-testable assembly, and is consistent with requirements of the City of Boulder Design and Construction Standards and/or approved by the city manager. Backflow prevention method means any method and/or non-testable device installed at a water service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method or non-testable device is appropriate for the identified contaminant at the cross- connection. Backflow prevention survey means a comprehensive inspection of new and existing potable water systems, fire line systems, irrigation systems, fixtures, and appliances, to determine the existence of actual or potential cross-connections, and to ensure that all actual or potential cross- connections are adequately protected by an appropriate backflow prevention assembly or method. . . . Cross-connection means any connection or arrangement, physical or otherwise, between a potable water system and any plumbing fixture or any tank, receptor, equipment, or device, through which it may be possible for contaminated water or other substances to enter into any part of such potable water system under any condition. Developer means any person who participates in any manner in the development of land. Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 7 Packet Page 352 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 11-1-4. - Water User Agrees to the Rules of the Water Utility; Penalty for Breach. (a) No person may be served with water from the water utility unless such person agrees to abide by all provisions of this code, all applicable ordinances of the city and all the rules and regulations of the city pertaining to the water utility. (b) If any water user fails to pay the charges for water when due or fails to comply with any provision of this code, any applicable ordinance of the city or regulations issued thereunder, or uses water for a purpose not authorized, the city may discontinue water service until the water user has paid the required charges or is in compliance with all requirements of this code, any ordinance of the city or regulations issued thereunder. But the water utility may not discontinue water service until it has afforded a water user an opportunity for a hearing under the procedures prescribed by chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981. (bc) No person may be served with water from the water utility unless such person consents to inclusion of property connected to the City water utility in the Northern Colorado Water Conservancy District and the Municipal Subdistrict thereof. . . . 11-1-25. - Duty to Maintain Backflow Prevention Assembly and Prevent Cross-Connection Control. (a) Purpose. The purpose of this section is to protect public health and safety by protecting the city water system from contamination or pollution due to cross-connections, and to develop a program for cross-connection control. (b) Scope and Application. No person shall violate any provision of this section or the City of Boulder Design and Construction Standards. No person shall fail to comply with all regulations promulgated by the city manager for the implementation of this chapter. (c) Property owner duty to maintain backflow prevention assembly and prevent cross- connections and backflow events. (1a) No owner of any property connected to the water utility shall allow any cross- connection to the water utility, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person working on a water line connected to the water utility shall make a cross-connection, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person shall fail to comply with all regulations promulgated by the city manager for the implementation of this chapter. (2) No owner of any property that is required to have a backflow prevention assembly shall fail to submit to the city an annual backflow test report pursuant to the deadlines set forth in city manager regulations. If a property owner does not submit the backflow test report, in addition to other remedies, the city manager may complete a backflow test for a property and assess a backflow test fee. Such fee shall be a direct charge on the utility bill for the premises subject to this section for the recovery of costs related to the administration of this section. The charges for such services are Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 8 Packet Page 353 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prescribed in Section 4-20-23, “Water Permit Fees,” B.R.C. 1981. (3)No owner of any property that is required to have a backflow prevention assembly shall fail to notify the city of a failed backflow test pursuant to the deadlines set forth in city manager regulations. In the event of a failed test, no person shall fail to repair, replace, and retest the backflow prevention assembly pursuant to the deadlines set forth in city manager regulations. (4b) No person shall tamper with, modify or in any way damage any backflow prevention assembly. (dc)Prohibited Backflow Practices. No person shall manufacture, install, maintain or sell a backflow prevention assembly that does not meet the requirements of section 5.11 of the City of Boulder Design and Construction Standards. (ed) Surveys and Fees. If an inspection backflow prevention survey is requested by an owner, or required by this section, or deemed necessary by the city manager, a backflow prevention surveyassembly testing or inspection fee or a cross-connection control inspection fee shall be assessed. Such fee shall be a direct charge to owners or lessees ofon the utility bill for the premises subject to this section for the recovery of costs related to the administration of this section and to the inspection and testing of such assemblies performed by the City. The charges for such services are prescribed in sSection 4-20-23, “Water Permit Fees,” B.R.C. 1981. (f)Inspections Authorized. In order to ensure compliance with the requirements of this chapter, the City of Boulder Design and Construction Standards, or any approval granted under this chapter, or action taken to remedy any violation of such requirements or approval, the city manager has the authority, subject to the provisions and search warrant requirements in Section 2-6-3, “Creation, Jurisdiction, and Powers of the Municipal Court,” B.R.C. 1981, to inspect any property, structure, or improvement. (g) Administrative Procedures and Remedies. (1)Notice of Violation. When the city manager finds that any person has violated or is violating any provision of this chapter, or any approval granted under this chapter, or the City of Boulder Design and Construction Standards, the city manager may serve upon such person a written notice stating the nature of the violation and an opportunity for a hearing under the procedures prescribed by Chapter 1-3, “Quasi- Judicial Hearings,” B.R.C. 1981. The notice may provide a reasonable time to cure the violation and may require the submission of a written plan for the correction and prevention thereof subject to approval by the city manager. Submission of the plan and completion of any related actions shall not relieve the person of any violations of this section occurring before or after receipt of the notice or prevent the city manager from taking any other enforcement action authorized under this section and chapter. (A)If the person fails to correct the violation as required by the notice, the city manager may take any one or more of the following actions to remedy the violation: (i)For an uncontrolled cross-connection or for failure to repair, replace, and retest after a failed backflow test: Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 9 Packet Page 354 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a.The city manager may shut off water pursuant to Section 11-1-45, “Water to Be Shut Off for Failure to Pay,” B.R.C. 1981. The city manager may hold a threatened shut off in abeyance if the owner presents and implements a plan approved by the city manager to prevent further violations; and b.If the owner does not follow the plan as described in subsection a., above, the city manager may shut off water pursuant to Section 11-1- 45, “Water to Be Shut Off for Failure to Pay,” B.R.C. 1981, and issue a $650 civil penalty that is due, payable, and collectable pursuant to the provisions of this chapter, and will appear on the next regular water bill. The city manager may hold the second threatened shut off in abeyance if the owner presents and implements a revised plan approved by the city manager to prevent further violations; and c.If the owner does not follow the revised plan as described in subsection b. above, the city manager may shut off water pursuant to Section 11-1-45, “Water to Be Shut Off for Failure to Pay,” B.R.C. 1981, and issue a $1500 civil penalty that is due, payable, and collectable pursuant to the provisions of this chapter, and will appear on the next regular water bill. The city manager may issue an additional civil penalty of $1500 for each subsequent failure to follow a revised and approved compliance plan for the violation, and that is due, payable, and collectable pursuant to the provisions of this chapter, and will appear on the next regular water bill. (ii)For failure to submit an annual backflow test: a.The city manager may shut off water pursuant to Section 11-1-45, “Water to Be Shut Off for Failure to Pay,” B.R.C. 1981. The city manager may hold a threatened shut off in abeyance if the owner presents and implements a plan approved by the city manager to prevent further violations; and b.If the owner does not follow the plan as described in subsection a., above, the city manager may shut off water pursuant to Section 11-1- 45, “Water to Be Shut Off for Failure to Pay,” B.R.C. 1981, and issue a $250 civil penalty that is due, payable, and collectable pursuant to the provisions of this chapter, and will appear on the next regular water bill. The city manager may hold the second threatened shut off in abeyance if the owner presents and implements a revised plan approved by the city manager to prevent further violations; and c.If the owner does not follow the revised plan as described in subsection b., above, the city manager may shut off water pursuant to Section 11-1-45, “Water to Be Shut Off for Failure to Pay,” Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 10 Packet Page 355 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B.R.C. 1981, and issue a $650 civil penalty that is due, payable, and collectable pursuant to the provisions of this chapter, and will appear on the next regular water bill. The city manager may issue an additional civil penalty of $650 for each subsequent failure to follow a revised and approved compliance plan for the violation, and that is due, payable, and collectable pursuant to the provisions of this chapter, and will appear on the next regular water bill. (2) Administrative Charges. To cover the costs of investigative inspections and staff time to ascertain compliance with or violations of this section, the city manager may assess administrative charges on the utility bill. The charges for such services are prescribed in Section 4-20-23, “Water Permit Fees,” B.R.C. 1981. (3) Other Remedies. The city attorney may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Boulder for any violation of any provision of this section or any approval granted under this section. . . . 11-1-60. - Violations. (a) No person shall violate a provision of this chapter or the City of Boulder Design and Construction Standards, which has the same force and effect as though fully set forth in the Boulder Revised Code 1981. (b) If any water user fails to pay the charges for water when due or fails to comply with any provision of this chapter, any applicable ordinance of the city or regulations issued thereunder, or uses water for a purpose not authorized, the city may discontinue water service pursuant to 11-1-45, “Water to Be Shut off for Failure to Pay,” B.R.C. 1981, until the water user has paid the required charges or is in compliance with all requirements of this chapter, any ordinance of the city or regulations issued thereunder. The water utility may not discontinue water service until it has afforded a water user an opportunity for a hearing under the procedures prescribed by Chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981. (c) Criminal Penalties. Violations of this chapter and the City of Boulder Design and Construction Standards are punishable as provided in Section 5-2-4, “General Penalties,” B.R.C. 1981. Section 3. Chapter 11-2, “Wastewater Utility,” B.R.C. 1981, is amended to read as follows: . . . Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 11 Packet Page 356 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11-2-40. - Violations. (a) No person shall violate a provision of this chapter or the City of Boulder Design and Construction Standards, which has the same force and effect as though fully set forth in the Boulder Revised Code 1981. (b) If any water user fails to pay the charges for water when due or fails to comply with any provision of this chapter, any applicable ordinance of the city or regulations issued thereunder, or uses water for a purpose not authorized, the city may discontinue water service pursuant to 11-1-45, “Water to Be Shut off for Failure to Pay,” B.R.C. 1981, until the water user has paid the required charges or is in compliance with all requirements of this chapter, any ordinance of the city or regulations issued thereunder. The water utility may not discontinue water service until it has afforded a water user an opportunity for a hearing under the procedures prescribed by Chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981. (c) Criminal Penalties. Violations of this chapter and the City of Boulder Design and Construction Standards are punishable as provided in Section 5-2-4, “General Penalties,” B.R.C. 1981. Section 4. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 5. The City Council deems it appropriate that this Ordnance be published by title only and orders that copies of this Ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 12 Packet Page 357 of 903 K:\WAWQ\o-8674 1st Rdg-700.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November 2024. ____________________________________ Aaron Brockett, Mayor Attest: ___________________________________ City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 5th day of December 2024. ___________________________________ Aaron Brockett, Mayor Attest: ___________________________________ City Clerk Attachment A – Proposed Ordinance 8674 Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 13 Packet Page 358 of 903 STANDARD (NON-EMERGENCY) REGULATION/RULE [do not remove space – for Clerk label] RULE RELATED TO ENFORCEMENT OF BACKFLOW PREVENTION AND CROSS-CONTROL PROGRAM BRC Section that is the subject of this Rule: Chapter 11-1-25, “Backflow Prevention and Cross- Connection Control,” B.R.C. 1981. A. CONTACT INFORMATION AND COMMUNICATION. It is the responsibility of the owner of a property served by the water utility to provide contact information for themselves or the owner’s agent to the city for backflow communications, including name, mailing address, email address, and phone number. B. BACKFLOW PREVENTION TESTING 1. Deadlines for submittal to the city of an annual backflow test report shall be as follows: a.Irrigation backflow assemblies: One year from the previous test date, or by August 1, whichever is earlier. b.Domestic and fire backflow assemblies: one year from previous test date. 2.Notification to the city of a failed backflow prevention assembly test must occur within twenty-four (24) hours of testing. 3.All backflow test reports must be submitted to the city manager within ten (10) days of testing. 4.If the city manager suspects or has reason to think that a fraudulent test report has been submitted, the associated portal account will be locked and the person who submitted the fraudulent report will be barred from submitting additional tests until the issue is resolved. C. To the extent only of any conflict, this Rule repeals any conflicting Rules or parts of Rules. Attachment B – Draft City Manager Rule Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 14 Packet Page 359 of 903 Staff send past- due postcard to the property owner the month after test is due. About two months after due date, staff hang “notice of water shutoff” tag at property – provides 10 days to submit test or compliance plan for approval. ($58 fee*) Staff call or email property owner around day 7 to try to avoid water shutoff.** Staff hang second hangtag ($58 fee*) and/or apply $250 penalty*. If time allows, staff will call or email the property owner or tenant to provide additional notice of test past-due. Outreach Backflow Annual Testing Outreach and Enforcement Process with Proposed Fees and Penalties Staff send first reminder postcard to the property owner the month test is due. Enforcement (no test or compliance plan received, or deadline from previous hangtag(s) not met) Staff hang third hangtag ($58 fee*) and/or apply $650 penalty*. *Indicates new proposed fee or penalty. **Staff reach out to contacts on the account prior to water shut-off for domestic water service (water used for drinking, cooking, etc.). Due to high volume and limited staff time, metered irrigation may be shut off without staff attempting to call or email the property owner after the hang tag. Water Shutoff – typically lasts 2-3 hours ($103 fee) Water Shutoff – typically lasts 2-3 hours ($103 fee) Water Shutoff – typically lasts 2-3 hours ($103 fee) Attachment C – Outreach and Enforcement Process Flowchart Item 3G - 1st Rdg Ord 8674 Backflow Code Updates Page 15 Packet Page 360 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8675 approving supplemental appropriations to the 2024 Budget; and setting forth related details P RI MARY STAF F C ON TAC T C harlotte Huskey, Budget Officer RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to introduce and order published by title only, Ordinance 8675 approving supplemental appropriations to the 2024 Budget; and setting forth related details AT TAC H ME N T S: Description I tem 3H - 1st Rdg Ord 8675 approv ing supplemental appropriations to the 2024 B udget Packet Page 361 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Introduction, first reading and consideration of a motion to order published by title only, Ordinance 8675 approving supplemental appropriations to the 2024 Budget; and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager Chris Meschuk, Deputy City Manager Joel Wagner, Interim Finance Director Charlotte Huskey, Budget Officer EXECUTIVE SUMMARY As described in the Budget Policies section of the online budget book and under the authority of Sec. 102 of the Charter, there are opportunities during the fiscal year for changes to the annual budget appropriation. Each year at least two supplemental appropriation ordinances known as adjustments-to-base (ATB), or budget supplementals, are presented to City Council for review and approval. Council receives the First Budget Supplemental, or ATB1, in May and the Second and Final Budget Supplemental, or ATB2, in November. Mid-year adjustments to the original budget are necessary for governmental operations. Colorado law requires an annual budget appropriation by December 31st of each year; however government business continues year-round. Given that mid-year adjustments are performed outside of the annual budget cycle, careful consideration is given before advancing recommended adjustments. There are common instances when adjustments are required, such as appropriating new grant funds. In special circumstances, new investments may be necessary due to emergencies, voter-approved changes, and emerging community needs. These special 1Item 3H - First Reading of ATB2 Packet Page 362 of 903 circumstances are generally presented as one-time investments and adjustments to the original budget. Staff recommends the below appropriation increases to respond to unanticipated needs and priorities where it is projected that existing appropriation is not sufficient, including addressing and advancing fleet acquisition, internal service charges such as medical insurance increases and compensated absences funding, housing projects, and homelessness operations. In addition, this item increases appropriation from grant and donation revenues received this fiscal year. The proposed Ordinance 8675 is provided in Attachment A and an itemized list of appropriations by fund and department is included in Attachment B. STAFF RECOMMENDATIONS OVERVIEW • Fiscal: This ordinance will appropriate a total of $25,866,328 across funds. • In the General Fund, this ordinance will appropriate a total of $5,121,768; $299,442 from additional revenues, $3,351,202 from fund balance, and $1,471,124 from grant revenues. • In restricted funds, this ordinance will appropriate a total of $20,744,560; $9,385,717 from additional revenues, $10,519,461 from fund balance, and $839,382 from grant revenues. ANALYSIS There are three types of supplemental appropriations: Supplemental appropriations from fund balance are the most common and are only for one-time expenses as fund balance is a one-time source of funds. Fund balance arises when revenue exceeds budget or expenditures are under budget. Interfund transfers, including the expense appropriation between funds, are included in this category, when applicable. Supplemental appropriations from additional revenues includes unanticipated funds received for city programs and services, including donations, reimbursements for services, fundraisers, or Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8675 approving supplemental appropriations to the 2024 Budget, and setting forth related details. 2Item 3H - First Reading of ATB2 Packet Page 363 of 903 cooperative agreements between municipalities as well as additional revenues above forecasted amounts based on revised revenue projections. Supplemental appropriations from grant revenues are required throughout the year since either the grant was not anticipated and was therefore not included in the original budget, or because the amount received was more than expected and budgeted, and expenditure activities cannot be carried out with the existing budget appropriation. In ATB1 2024, an adjustment to the appropriations ordinance included multi-year appropriation for grants, which will mean that once approved by council, the grant appropriation will roll into future years until the appropriation is fully expended or the grant term ends. Table 1: Type of Supplemental Request – All Funds Source of Funds Amount Additional Revenues $9,685,159 Grant Revenues $2,310,506 Fund Balance $13,870,663 Total $25,866,328 Supplementals can also be categorized according to fund and source. Table 2 provides a summary of all supplementals in this 2nd ATB totaling $25,866,328 across funds. Table 2: 1st ATB Supplemental Appropriations by Fund and Source Fund Additional Revenue Grant Revenue Fund Balance Total General $299,442 $1,471,124 $3,351,202 $5,121,768 Community Housing Assistance Program (CHAP) $80,121 $0 $3,312,599 $3,392,720 Capital Development $380,000 $0 $0 $380,000 Affordable Housing $333,540 $0 $0 $333,540 Open Space $0 $330,702 $84,005 $414,707 Transportation $0 $340,000 $0 $340,000 Community Development Block Grant (CDBG) $4,000,000 $0 $0 $4,000,000 Wastewater Utility $0 $0 $500,000 $500,000 Stormwater & Flood Mgmt Utility Fund $0 $0 $2,000,000 $2,000,000 Medical Self Insurance $3,331,000 $0 $0 $3,331,000 Compensated Absences $0 $0 $220,000 $220,000 Fleet $700,000 $0 $2,450,000 $3,150,000 Computer Replacement Fund $264,985 $0 $641,801 $906,785 Equipment Replacement $0 $0 $750,000 $750,000 Facility Renovation & Replacement Fund $4,892 $168,680 $0 $173,572 Fire Training Center Construction Fund $0 $0 $4,892 $4,892 Capital Improvement Bond $0 $0 $556,165 $556,165 Governmental Capital $291,180 $0 $0 $291,180 Total $9,685,159 $2,310,506 $13,870,663 $25,866,328 3Item 3H - First Reading of ATB2 Packet Page 364 of 903 Overview of Select Supplemental Appropriations – ATB2 2024 The recommended adjustment of $25.8M includes several items to appropriate grant revenues received mid-year, reconcile internal service charges such as medical insurance and compensated absences, and advance funding for housing, human services, and fleet and facilities items. Below is a list of select highlights of specific items included in the supplemental appropriation. A line-item summary table of the supplemental requests by fund and type can be found in Attachment B. Grant and Donation Revenues Climate Initiatives – Energy Efficiency Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG). The Climate Initiatives Department has $169,000 in funding allocated through the EECBG formulaic grant, available in the form of a grant or a voucher for technical assistance and/or equipment rebates. The city has chosen the option of receiving a voucher for equipment rebates to be used for heat pump installation, controls for garage bay heating systems, and a new solar inverter for an existing solar system. Housing & Human Services – Homelessness Support The Housing & Human Services (HHS) Department will receive an award from the Division of Local Affairs (DOLA) Denver Metro Navigation Campus for $1.3M to implement and expand services at the All Roads Day Services Center. Expanded services at the Day Services Center (DSC) include peer support, behavioral health services including medically assisted treatment, housing-focused activities including tenant supportive services. Transportation – HOP Electric Bus Chargers The Transportation & Mobility Department received $340,000 in grant funding from the Colorado Department of Transportation to support the purchase of HOP e-bus chargers. This additional appropriation will support the purchase of four charges for the seven new HOP e- buses. Fleet Operations and Equipment Replacement Advancing Funds for Fleet Acquisition – Open Space and Mountain Parks and Fire-Rescue ($2.45M) Facilities & Fleet and Open Space and Mountain Parks (OSMP) plan to transition from leasing to purchase of OSMP fleet vehicles. OSMP leases approximately thirty-nine vehicles per year; in 2024, this cost reached $396,000 and increases annually. Staff performed analysis and identified opportunities to both support climate goals and reduce costs and staff time associated with leasing vehicles. This practice is consistent with how the rest of the city's fleet is financed and budgeted as a multi-year replacement model. By purchasing vehicles, the city will reduce the 4Item 3H - First Reading of ATB2 Packet Page 365 of 903 number of vehicles it requires in the fleet by approximately ten, while at the same time, maintaining full control over the type of vehicles that are acquired. All rented vehicles have been unleaded fuel vehicles; by transitioning to ownership, the city will make a direct impact towards achieving its climate goals through the purchase of electric and alternative-fueled vehicles. Additionally, Facilities & Fleet and Fire Rescue propose moving forward with a pre-payment of a new pumper fire apparatus in 2024 for an anticipated total expense of $950,000 in advance of the 2025 budget. By moving forward with the purchase in 2024, rather waiting until 2025, staff anticipate the city will save approximately $200,000 of the standard cost of a typical pumper truck, which is approximately $1.2 million. Performing this purchase in 2024 is anticipated to shorten delivery times by a year, allowing the city to cycle an older unit out of the fleet sooner which improves overall vehicle safety, decreases maintenance costs, and increases reliability. Homelessness and Housing Homelessness Evaluation Audit Study – Boulder County System Evaluation The Housing & Human Services Department is supporting the Homelessness Evaluation Audit Study ($75,000) of the Homeless Solutions for Boulder County system evaluation. This request is related to a Council priority for the evaluation of existing homelessness response systems, which focuses on assessing the effectiveness and structure of the current homeless response system. The city's contribution will support half of the cost of the system evaluation. Support for homelessness and housing operations – All Roads and TGTHR The Housing & Human Services Department requests to utilize the existing homelessness reserve ($262,000) to support operational challenges for All Roads. This reserve fund was established ($1.9 million) to provide additional funding for sheltering support and other homelessness needs, and this request will fully utilize remaining funding. Beginning in 2023, the All Roads organization alerted the city of their operational challenges related to the pandemic recovery. This funding, in combination with assistance provided in 2023, will provide supplemental funding to aid the shelter in mitigating costs associated with the rapid growth of the organization, inflation and staffing issues. No further request is expected in 2025. An additional $200,000 is requested from the existing human services reserve to support TGTHR, a non-profit organization providing youth sheltering operations. This funding support has been prioritized given the critical services provided to the community, which is the only shelter providing sheltering only for the youth. Similar to the All Roads funding challenges mentioned above, this shelter has experienced increased costs in supplies and wages. With this funding, TGTHR will continue to operate the youth shelter for this year. Increased Funding for Insurance Premiums, Compensated Absences, Pay Period 27 Medical Insurance Fund 5Item 3H - First Reading of ATB2 Packet Page 366 of 903 A total of $3.3M will support increased year-end estimates for the Medical Insurance Fund. The Medical Insurance Fund accounts for employee and city premium medical contributions and claims payments and facilitates the monitoring of the city’s self-insured employee medical plan. Additional medical claims above anticipated occurred throughout 2024, and staff recommends increasing the self-insurance fund appropriation, which is offset by contributions to the fund, to support the estimated increase. Compensated Absences Fund A total of $220,000 will support increased year-end estimates for the Compensated Absences Fund, which supports vacation accrual payments to employees when leaving the organization. Based on current year actuals, staff anticipates a higher expense than what was previously budgeted and recommends increasing the fund appropriation to support the estimated increase. Pay Period 27 Expense Reconciliation – $2.3M In 2024, an additional pay period will occur, pay period 27. A 27th pay period can occur in a year when the calendar is structured in a way that results in more than the standard 26 pay periods for biweekly pay. Within the City of Boulder, this additional pay period has occurred every five years. The additional appropriation of $2.3M will support the reconciliation of pay period 27 for 2024. The city is also using this opportunity to transition the budgetary payroll expenses from a cash to accrual basis. With this transition from cash to accrual basis, the city will no longer be required to account for a pay period 27 reserve moving forward for budgetary purposes. NEXT STEPS The second reading and public hearing of this item is scheduled for the December 5, 2024 City Council meeting. ATTACHMENTS A.Ordinance 8675 – Supplemental Appropriations to the 2024 Budget B.Supplemental Appropriations to the 2024 Budget by Fund and Department 6Item 3H - First Reading of ATB2 Packet Page 367 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8675 AN ORDINANCE RELATING TO THE FINANCIAL AFFAIRS OF THE CITY OF BOULDER, COLORADO, MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING DECEMBER 31, 2024; AND SETTING FORTH RELATED DETAILS WHEREAS, Section 102 of the Charter of the City of Boulder provides that: “At any time after the passage of the annual appropriation ordinance and after at least one week’s public notice, the council may transfer unused balances appropriated for one purpose to another purpose, and may by ordinance appropriate available revenues not included in the annual budget;” and WHEREAS, the City Council now desires to make certain supplemental appropriations for purposes not provided for in the 2024 annual budget; and, WHEREAS, required public notice has been given. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, that the following amounts are appropriated from additional projected revenues and from unused fund balances to the listed funds: Section 1. General Fund Appropriation from Additional Revenue $1,770,566 Appropriation from Fund Balance $3,351,202 Section 2. Affordable Housing Fund Appropriation from Additional Revenue $333,540 Section 3. Capital Development Fund Appropriation from Additional Revenue $380,000 Section 4. Community Development Block Grant Fund Appropriation from Additional Revenue $4,000,000 Section 5. Community Housing Assistance Program Fund Appropriation from Additional Revenue $80,121 7 Attachment A -Ordinance 8675 Supplemental Appropriations to the 2024 Budget Item 3H - First Reading of ATB2 Packet Page 368 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appropriation from Fund Balance $3,312,599 Section 6. Compensated Absences Fund Appropriation from Fund Balance $220,000 Section 7. Computer Replacement Fund Appropriation from Additional Revenue $264,985 Appropriation from Fund Balance $641,801 Section 8. Equipment Replacement Fund Appropriation from Fund Balance $750,000 Section 9. Facility Renovation and Replacement Fund Appropriation from Additional Revenue $173,572 Section 10. Fleet Fund Appropriation from Additional Revenue $700,000 Appropriation from Fund Balance $2,450,000 Section 11. Medical Self Insurance Fund Appropriation from Additional Revenue $3,331,000 Section 12. Open Space Fund Appropriation from Additional Revenue $330,702 Appropriation from Fund Balance $84,005 Section 13. Stormwater and Flood Management Fund Appropriation from Fund Balance $2,000,000 Section 14. Transportation Fund Appropriation from Additional Revenue $340,000 Section 15. Wastewater Utility Fund Appropriation from Fund Balance $500,000 Section 16. Capital Improvement Bond Fund Appropriation from Fund Balance $556,165 Section 17. Governmental Capital Fund Appropriation from Additional Revenue $291,180 Section 18. Fire Training Facility Appropriation from Fund Balance $4,892 Section 19. This Ordinance is necessary to protect the public health, safety, and welfare 8 Attachment A -Ordinance 8675 Supplemental Appropriations to the 2024 Budget Item 3H - First Reading of ATB2 Packet Page 369 of 903 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the residents of the city and covers matters of local concern. Section 20. The council deems it appropriate that this Ordinance be published by title only and orders that copies of this Ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November 2024. ______________________________ Aaron Brockett, Mayor Attest: ____________________________________ City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 5th day of December 2024. ______________________________ Aaron Brockett, Mayor Attest: ____________________________________ City Clerk 9 Attachment A -Ordinance 8675 Supplemental Appropriations to the 2024 Budget Item 3H - First Reading of ATB2 Packet Page 370 of 903 2024 ADJUSTMENT to BASE | ATB2 CITY OF BOULDER | COLORADO ADDITIONAL DONATION GRANT REVENUE REVENUE REVENUE FUND BALANCE GRAND TOTAL 1100 - GENERAL FUND 295,293$ 4,149$ 1,471,124$ 3,351,202$ 5,121,768$ CITY MANAGER'S OFFICE 203,274$ 203,274$ Boulder Convention and Visitors Bureau Reconciliation 203,274$ 203,274$ FIRE 282,903$ 282,903$ Fire-Fleet Services - Fuel and Operations 282,903$ 282,903$ FUNDWIDE / CITYWIDE 2,328,000$ 2,328,000$ Pay Period 27 - Additional Pay Period 2024 Expense Reconciliation 2,328,000$ 2,328,000$ HOUSING & HUMAN SERVICES 1,353,005$ 537,025$ 1,890,030$ Homelessness Evaluation/Audit Study with Boulder County System Evaluation 75,000$ 75,000$ TGTHR Youth Sheltering Operations 200,000$ 200,000$ Family Resource Schools Program Boulder Valley School District Grant 80,000$ 80,000$ State of Colorado Division of Local Affairs Grant for Day Services Center 1,273,005$ 1,273,005$ All Roads Operational Needs - Homelessness Reserve 262,025$ 262,025$ HUMAN RESOURCES 253,293$ 253,293$ Department of Justice - Policy Advisor Reimbursement 253,293$ 253,293$ POLICE 42,000$ 4,149$ 118,119$ 164,268$ Foundation Donation for Rifle Plates 4,149$ 4,149$ Property and Evidence Drying Cabinets 42,000$ 42,000$ 2024/2025 Beating Auto Theft Through Law Enforcement (BATTLE) Grant - Colorado Automobile Theft Prevention Authority 40,000$ 40,000$ 2024/2025 Driving Under the Influence (DUI) Grant - State of Colorado Department of Transportation 20,000$ 20,000$ 2025 U.S. Department of Justice (JAG) Grant for Police Equipment 58,119$ 58,119$ 1150 - COMMUNITY HOUSING ASSISTANCE PROGRAM (CHAP)80,121$ 3,312,599$ 3,392,720$ HOUSING & HUMAN SERVICES 80,121$ 3,312,599$ 3,392,720$ Affordable Housing Project - Hawthorne Project 1,650,000$ 1,650,000$ HOME Grant HUD Consolidation Plan 80,121$ 62,599$ 142,720$ Scatter Site Acquisition Program - Middle Income Projects 1,600,000$ 1,600,000$ 2100 - CAPITAL DEVELOPMENT 380,000$ 380,000$ FACILITIES & FLEET 380,000$ 380,000$ North Boulder Library Capital Expenses 380,000$ 380,000$ 2140 - AFFORDABLE HOUSING FUND 333,540$ 333,540$ HOUSING & HUMAN SERVICES 333,540$ 333,540$ Modular Factory Solar Rebate via Energy Impact Offset Fund 333,540$ 333,540$ 2500 - OPEN SPACE 330,702$ 84,005$ 414,707$ OPEN SPACE & MOUNTAIN PARKS 330,702$ 84,005$ 414,707$ Boulder Community Health - Substance Education & Awareness Grant 4,000$ 4,000$ Dinosaur Fire- Reimbursements to Responding Fire Districts 15,202$ 15,202$ East Boulder Ditch Fish Passage Reimbursement from Xcel 300,000$ 300,000$ Forestry Fire Reimbursements 20,202$ 20,202$ Fox Stone Barn Grant 6,500$ 6,500$ NCAR Fire- Reimbursement to Boulder County 68,802$ 68,802$ 2800 - TRANSPORTATION 340,000$ 340,000$ TRANSPORTATION 340,000$ 340,000$ Colorado Department of Transportation Grant for HOP E-Bus Chargers 340,000$ 340,000$ 2910 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)4,000,000$ 4,000,000$ HOUSING & HUMAN SERVICES 4,000,000$ 4,000,000$ Section 108 HUD Loan (Transfer to Affordable Housing Fund)4,000,000$ 4,000,000$ 6200 - WASTEWATER UTILITY 500,000$ 500,000$ UTILITIES 500,000$ 500,000$ Foothills at Wilderness Sewer Line 500,000$ 500,000$ 6300 - STORMWATER & FLOOD MGMT UTILITY FUND 2,000,000$ 2,000,000$ UTILITIES 2,000,000$ 2,000,000$ Fourmile Project - 19th to Violet 2,000,000$ 2,000,000$ 7140 - MEDICAL SELF INSURANCE 3,331,000$ 3,331,000$ HUMAN RESOURCES 3,331,000$ 3,331,000$ Medical Self Insurance Fund Reconciliation 3,331,000$ 3,331,000$ 7190 - COMPENSATED ABSENCES 220,000$ 220,000$ REQUEST by FUND 10Item 3H - First Reading of ATB2 Attachment B - Supplemental Appropriations to the 2024 Budget by Fund and Department Packet Page 371 of 903 FINANCE 220,000 $ 220,000$ Compensated Absences Increase 220,000$ 220,000$ 7210 - FLEET 700,000$ 2,450,000$ 3,150,000$ FACILITIES & FLEET 700,000$ 2,450,000$ 3,150,000$ OSMP Fleet Rental to Purchase Transition 1,500,000$ 1,500,000$ Fleet Operations Commercial Body Repair and Parts 700,000$ 700,000$ Advancing Funds for Fleet Acquisition - Fire Apparatus 950,000$ 950,000$ 7300 - COMPUTER REPLACEMENT FUND 264,985$ 641,801$ 906,785$ INFORMATION TECHNOLOGY 264,985$ 641,801$ 906,785$ Software Maintenance Agreement Updates: OpenGov and WorkDay 641,801$ 641,801$ Interfund Balance Transfer to Enterprise Technology Fund - To Support IT's Asset Management System 264,985$ 264,985$ 7400 - EQUIPMENT REPLACEMENT 750,000$ 750,000$ FACILITIES & FLEET 750,000$ 750,000$ Capital Equipment Replacement 750,000$ 750,000$ 7500 - FACILITY RENOVATION & REPLACEMENT 4,892$ 168,680$ 173,572$ CLIMATE INITIATIVES 168,680$ 168,680$ Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG)168,680$ 168,680$ FIRE 4,892$ 4,892$ Interfund Balance Transfer - Fire Training Facility Project Closeout 4,892$ 4,892$ 3400 - FIRE TRAINING CENTER CONSTRUCTION 4,892$ 4,892$ FIRE 4,892$ 4,892$ Interfund Balance Transfer - Fire Training Facility Project Closeout 4,892$ 4,892$ 3600 - 2011 CAPITAL IMPROVEMENT BOND 556,165$ 556,165$ FUNDWIDE / CITYWIDE 291,180$ 291,180$ Interfund Balance Transfer to GovCap Fund 291,180$ 291,180$ INFORMATION TECHNOLOGY 264,985$ 264,985$ Interfund Balance Transfer to Enterprise Technology Fund - To Support IT's Asset Management System 264,985$ 264,985$ 1300 - GOVERNMENTAL CAPITAL 291,180$ 291,180$ FUNDWIDE / CITYWIDE 291,180$ 291,180$ Interfund Balance Transfer to GovCap Fund 291,180$ 291,180$ Grand Total 9,681,010$ 4,149$ 2,310,506$ 13,870,663$ 25,866,328$ 11Item 3H - First Reading of ATB2 Attachment B - Supplemental Appropriations to the 2024 Budget by Fund and Department Packet Page 372 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8672, amending the introduction and Chapters 8, 9 and 11 of the City of Boulder Design and Construction Standards (D.C.S.), originally adopted pursuant to Ordinance 5986, adding standards for narrow trenching related to installation of telecommunications infrastructure; and setting forth related details P RI MARY STAF F C ON TAC T Mark Garcia, Civil Engineering Senior Manager RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to introduce and order published by title only Ordinance 8672, amending the introduction and C hapters 8, 9 and 11 of the C ity of Boulder Design and Construction Standards (D.C.S.), originally adopted pursuant to Ordinance 5986, adding standards for narrow trenching related to installation of telecommunications infrastructure; and setting forth related details AT TAC H ME N T S: Description I tem 3I - 1st Rdg Ord 8672 D C S Updates for Telecom Narrow Trenching Packet Page 373 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Introduction, first reading and consideration of a motion to order published by title only Ordinance 8672, amending the introduction and Chapters 8, 9 and 11 of the City of Boulder Design and Construction Standards (DCS), originally adopted pursuant to Ordinance 5986, adding standards for narrow trenching related to installation of telecommunications infrastructure; and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager Mark Woulf, Assistant City Manager Brad Mueller, Director of Planning & Development Services Director Mark Garcia, Civil Engineering Senior Manager Gerrit Slatter, Principal Transportation Projects Engineer Mike Giansanti, Innovation and Technology Deputy Director Dan Nelson, IT Senior Project Manager Christy Fitch, Assistant City Attorney III EXECUTIVE SUMMARY Staff is requesting Council’s consideration of a proposed ordinance on first reading amending the city’s Design and Construction Standards (DCS) that will allow narrow trenching for the construction of telecommunications infrastructure. This memo provides a summary of the revisions and additions to the transportation and utilities related portions of proposed Ordinance 8672. The DCS provides a set of common design and engineering standards by which all public infrastructure must be built, whether by private development or city funded capital infrastructure and maintenance projects. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 1 Packet Page 374 of 903 Narrow trenching, also known as “micro-trenching” or “shallow trenching,” is a newer but mature method of trenching used throughout the state and country to increase the speed of telecom construction and reduce cost compared to traditional trenching or boring. By creating a narrow trenching standard, the city will minimize the impact to the community and create an incentive for increased telecommunications investment within city limits. The development of the narrow trenching standard began in November 2023, with a preliminary study conducted by consulting group RMS, then a survey of peer cities, the creation of a cross-department working group, and a site visit to Salt Lake City, where several different approaches have been used over time. It was then followed by community engagement in August 2024. Staff have considered the feedback provided and integrated additional changes, which are included in the proposed changes. STAFF RECOMMENDATION BACKGROUND The DCS exists to prescribe minimum standards to be used in the design and construction of infrastructure located in public right-of-way/easements within the city. The DCS is enacted through the B.R.C, 1981, and changes are adopted by City Council with recommendations from appropriate boards, such as Transportation Advisory Board (TAB) and the Planning Board. The following introduction comes from the Micro-Trenching Best Management Practices study, completed for the city by RMS in January 2024. Narrow trenching and micro- trenching should be considered interchangeable in this context. Micro-trenched installation of telecommunications infrastructure is the practice of cutting narrow trenches between 1 to 3 inches wide and 4 to 24 inches deep into roadways and surfaces in the public right-of-way. After conduit or direct bury cable is placed in the trench, it is backfilled with a suitable filler material. The first city to adopt the technique of micro-trenching was New York City in 2013, Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce and order published by title only Ordinance 8672, amending the introduction and Chapters 8, 9 and 11 of the City of Boulder Design and Construction Standards (DCS.), originally adopted pursuant to Ordinance 5986, adding standards for narrow trenching related to installation of telecommunications infrastructure; and setting forth related details. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 2 Packet Page 375 of 903 and now requires it unless there is a good reason to use another technique (Dawson 2017). According to the Fiber Broadband Association (FBA), a single micro-trench can accommodate up to 2,000 strands of fiber and have been used in major cities including Chicago, Los Angeles, and Nashville (Goovaerts 2022). According to Ting Internet, micro-trenching teams can lay as much as 3,000 feet of conduit per day, compared to 500 feet using traditional construction methods (Goovaerts 2022). In July of 2022, John Geoge of FBA’s Technology Committee stated that “most below grade fiber installations are by directional boring or direct trenching” but micro-trenching is “sometimes used when those methods are cost prohibitive. It can be used where pole attachments are difficult or unavailable, or the subsurface is rocky or rock” (Goovaerts 2022). The following is a list of the advantages and disadvantages of micro-trenching (Vermeer BC 2023, Dawson 2017, & Goovaerts 2022): Advantages of micro-trenching (Per RMS Analysis) Cost effective based on the following factors: o With reduced roadway or ground impacts, it is possible to cover more area with smaller crews, which reduces labor costs. o The excavation produces less spoils and less material and effort is required to restore the worksite, which reduces overall restoration costs. Less disruption and increased accessibility o The minimal disruption to traffic around the worksite is one of the biggest advantages. With the trench width only being a few inches wide, it does not pose much of a safety hazard to vehicles, which greatly reduces the number of street and access closures and impacts to the traveling public during installation. o Provides minimal disruption to the local ecosystem and is a sensible technique for sensitive areas. o The shallow depth of installation reduces impacts to tree roots, existing utilities, and rock, making the overall installation easier, efficient, and safer. Disadvantages of micro-trenching (Per RMS Analysis) Shallow installation creates a higher burden on future ROW construction o Can cause problems in the future when roadways have full depth reconstruction if construction crews are unaware of how shallow they are installed. o Installation of future utility facilities that must cross microtrenched facilities. Requires adjustment of expected installation depths and locations within the roadway section. o Increased long-term maintenance of street surfaces and fiber access Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 3 Packet Page 376 of 903 More and higher long-term maintenance related to shallow installation and road deterioration than conventional methods. Safety concern for bicyclists o Uneven finished asphalt sealant installation, which is not typically noticed by vehicles, can be a hazard for bicyclists. o Narrow micro-trenches left open during construction are not an issue for vehicles or pedestrians, but they can be a hazard for bicyclists and should be adequately protected when adjacent to bicycle facilities. Many of the disadvantages listed above, including concerns with on-street cyclist lanes, can be addressed through various best-management practices and technical requirements deployed by other municipalities. The city has included best-management practices and technical requirements in the proposed edits to the DCS to reduce potential negative impacts of narrow trenching. COMMUNITY ENGAGEMENT Community engagement has included targeted outreach to groups that would use the narrow trenching standard or potentially be impacted by its use, e.g., regional retail internet service providers (ISPs) and local cycling and disability advocacy groups, including Coalition 4 Cyclists, Community Cycles, It Could Be Me, and Center for People with Disabilities. Two remote meetings were held via Zoom, one with the community advocacy groups on September 27, and another for ISPs September 28. The drafted DCS amendments were provided before each session, and additional feedback and materials was received afterwards by email. All feedback and materials were then shared with the cross-department working group for consideration. Feedback from local advocacy groups consisted of: General concern about surface remediation and cuts parallel to the direction of travel, e.g., bumps, divots, trip hazards. Positive statements about shorter construction and road closure timelines the standard requires. Questions about community communication, notice, and marking plans. A preference of center line trench placement to minimize impact to cyclists. Site- by-site placement focused on safety. Counter concerns for center line placement, e.g., increased lateral cuts and additional vaults/handholes on both sides of street. A preference to minimize or forbid narrow trenching in bike paths. Feedback from Regional ISPs consisted of: Calls for clarifications in the technical drawing regarding utility separations. Success of curb lip-adjacent runs and recommendation to allow in standard. Requests to add additional allowable conduit materials and widths. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 4 Packet Page 377 of 903 Calls to allow pneumatic underground piercing missiles, also known as “missile” or “mole” boring. Adjustments that allow for graduated depth requirements. Expectations vs reality for sealant reservoir approach versus over-banding on top of flowable filled trench. Call to consider allowing 24-inch depths for directional boring and its benefits. Call to consider allowing field approved variations in some circumstances versus traditional memo submission for variance. Recommendations on additional flowable fill allowances that are a different mix design than current city standards. And an alternative water-to-cement ratios for flowable fill remediation. The following table demonstrates how feedback informed the proposed standards changes. Topic Feedback Updates Allowable Depth Preferred 8” depth for residential streets or a graduated approach based on street type Depth of cover to be 10’’- 24’’ for narrow trenching allowing different depths by pavement thickness. If pavement is 6’’ thick or greater, minimum conduit depth must be additional 4’’ from bottom of pavement. Horizontal Location Preference Preferred centerline versus within travel lanes. Approved of 10-day restoration requirements. Technical feedback preference to allow trenching directly adjacent to lip of curb. Claim it’s less intrusive to the overall street infrastructure given the trench is at an existing joint. City to allow narrow trench at lip line of curb with exception that min. Depth of conduit shall be 12'' to ensure future curb/gutter concrete work does not come in close contact with the narrow trench conduits. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 5 Packet Page 378 of 903 Backfill and Pavement Restoration Requirements Provided example mix designs for review that have better outcomes Asked to consider Flowfill to top and allow overbanding. Practical issues with sealant reservoir approach. Keep existing City of Boulder flowable fill standards, add material alternative for use of Flashfill. Mastic One material for narrow trench roadway restorations with 1’’- 6’’ reservoir depths. Bike Lane Considerations Full mill and overlay of bike paths significantly increase cost per linear foot. Preference to stay out of bike lanes. Technical drawing note that allows for trenching at lip of bike lanes wider than 3’. This is a workable compromise between the two groups’ interests. If bike lane is less than 3’ wide, full mill and overlay will be required. Conduit materials Request to allow different materials as current standards state PVC or Schedule 40 pipe. Addition to allow SDR 9 and 11 HDPE conduit materials to meet current application methods. Lateral Tie-In Method Request to allow Missile method, a pneumatic piercing tool, used for penetrating under curbs and sidewalks. Traditional bore method has greater impacts and is a higher cost. Addition to allow use Missile method for lateral tie-ins. Locate & Warning Tape Requirements Difficult installing tape at right depth and is disruptive to smooth and fast installation process. Adds too much cost and has logistical impacts to a project. Removed requirement for warning tape placement associated to narrow trenching only. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 6 Packet Page 379 of 903 SCOPE OF CHANGES WITHIN PROPOSED ORDINANCE 8672 The scope of the narrow trenching recommendations is focused on utilities and transportation standards and a new technical drawing as detailed below. Chapter 8 Transportation Standards Section Additions Section 408, Joint and Crack Sealant (New Subsection 408.02) Allows the use of Mastic One material for narrow trenching roadway restorations. Section 703, Aggregates (New Subsection 703.05) Allows use of Cover Coat material for the purpose of adding on top of Mastic One while temperature is still hot, during narrow trench roadway restoration, with the purpose of creating a non-slip surface. Material would be black in color, made of crushed stone, crushed slag, crushed gravel, expanding shale, clay, or slate in a rotary fired kiln or natural gravel, that meets the purpose of use. Chapter 9 Utility Standards Section Additions 9.02 Excavation and Trenching(B) Materials (12) Restoration (C) Execution (8) Trench Excavation (c)(iv) (C) Execution (10) Installation of Trench Backfill (g) Allows use of Flashfill as an alternative flowable fill material for trench backfilling including Narrow Trenching and larger application needs. Narrow Trench widths to be minimum 1’’ with 3’’ max. Requires Narrow Trench backfill material to be flowable fill per Table 9-2 of Chapter 9 standards. Alternative use of Flashfill added. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 7 Packet Page 380 of 903 9.02 Excavation and Trenching – continued (C) Execution (12) Restoration (i) (ii) (iii) (iv) Specific information for roadway restoration including use of flowable fill, cleaning surfaces prior to use of mastic one, applying mastic one & top coating for surface grip. Restoration associated to bike lanes: Requires restorations to be completed within 10 days, compared to the standard 14 days. Requires mill and overlay for entire width of bike lane, with exception to trenches located at lip of curb and bike lane is greater than 3’ in width. Also includes full width restoration requirements for fiber service lateral tie-in's & street cuts within bike lanes. Utility Potholing Restoration: Utility potholes have been on the rise after the Colorado Subsurface Utility Engineering (SUE) law (SB18-167) passed in 2018 due to an increase in damaged utilities. City of Boulder current design and construction standards does not provide requirements for temporary or permanent utility pothole restorations. New additional wording requires use of flowable fill subsurface, with use of concrete vibrator to fill voids in full, and full depth like-for-like surface restoration for both concrete and asphalt. This also requires a flush surface between repaired utility pothole and existing roadway, therefore no deviation or deflection +/- will be considered. Addition to require restoration for street striping and markings within 10 days, using approved materials. Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 8 Packet Page 381 of 903 9.21 Telecommunication or Cable System Standards (A) General (2) Construction Plans Required (a) (B) Underground Facilities (1) Cable Protection (a) (2) Depth of Cover (a) (i) Requires directional boring or narrow trenching construction plans to meet subsurface engineering (SUE) level B design standards. The city can request full engineered plans and profile drawings. Changed conduit material from PVC to SDR 9 or 11 HDPE pipe to meet current application methods. Narrow Trenching Exception: For existing pavements 6 inches or less, distance from top of pavement to top of conduit is 10 inch minimum, 24 inch maximum. For Existing pavements greater than 6 inches thick, distance from top of pavement to top of conduit equals the pavement thickness plus 4 inches minimum, 24 inch maximum. If Narrow Trench abuts lip of curb & gutter, minimum depth of conduit is 12''. 9.21 Telecommunication or Cable System Standards - Continued (B) Underground Facilities (3) Trench Specifications – Roadway and Other Paved Surfaces (b) (d) Narrow Trench minimum width of 1’’, maximum of 3’’, but no greater than 1’’ max of conduit size. This is to ensure flowable fill surrounds conduit and does not leave any voids for future subsurface failures. Example: 1’’ conduit cannot be placed in a 1’’ trench. Proposed 1’’ conduit would require a 2’’ trench minimum, to allow .5’’ gap on each side for flowable fill. Allow narrow trench to abut the concrete lip line of curb and gutter with a 12’’ minimum Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 9 Packet Page 382 of 903 9.21 Telecommunication or Cable System Standards - Continued (B) Underground Facilities (3) Trench Specifications – Roadway and Other Paved Surfaces (e) (f) (B) Underground Facilities (4) Trench Specifications – Landscape Areas (b) (5) Alternative Installation Methods (a) (B) Underground Facilities (7) Warning Tape (a) conduit depth. This is to prevent future curb/gutter projects from potential fiber conduit damages. Wheel path alignment with trench. Written to keep narrow trenches a minimum of 2’ away from common wheel paths on roadways, including streets signed or marked as shared roadways for bicyclists and vehicular traffic. Wording requires the contractor to layout the trench running line so they follow a straight path and not be allowed to eyeball or “freehand” the machine’s path. This is to create clean and straight trench paths with greater final product aesthetics. Exception to the 10’’ width current standard and placed a minimum of 1’’ and 3’’ max for Narrow Trench applications. Added to allow use of Missile method for lateral tie-in tunneling associated to narrow trenching. Staff researched and found this to be less of a public impact compared to traditional boring where large rigs are used and block sidewalks, bike lanes and paths, whereas Missile method is mostly limited to a setup on private property. Wording added to require use of flowable fill. Warning tape, typically required for open trench pipe installations, is only a recommendation for Narrow Trenching and not required. Based on technical feedback, staff determined that it’s not financial practical to partially flow fill a trench, place Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 10 Packet Page 383 of 903 warning tape, and then walk a concrete truck backwards to continue filling the open trench. Locates will be marked upon 811 request prior to anyone excavating in the future. Chapter 11 Technical Drawings New Technical Drawing, numbered 4.05A, Titled: Telecommunications Conduit and Cable – Narrow Trench Update to Chapter 11 table of contents adding the new drawing. Created to demonstrate the expectations for trench dimensions, utility separation, placement, and remediation. Includes specific information regarding impacts to bike lanes and associated remediation. ANALYSIS The revised DCS would specify the requirements for Narrow Trenching within the City of Boulder. The DCS updates include additions or revisions to standards for Narrow Trench width, depth, restoration requirements, placement locations, materials allowed and utility potholing. Information from the RMS analysis and our own research with other municipalities were used to resolve any potential disadvantages using best management practices by strengthening the construction and remediation requirements. NEXT STEPS If Council passes proposed Ordinance 8672 on 1st reading November 21st, 2024, it will move onto a second reading scheduled on the consent agenda December 5th, 2024 Should the Council adopt the proposed changes, staff will update the published version of the Design and Construction Standards, and the changes will go into effect 30 days after their adoption. ATTACHMENT Attachment A – Proposed Ordinance 8672 Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 11 Packet Page 384 of 903 K:\PLCU\o-8672 1st rdg DCS Narrow Trenching Telecommunications Infrastructure-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8672 AN ORDINANCE AMENDING THE INTRODUCTION AND CHAPTERS 8, 9 AND 11 OF THE CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS (D.C.S.), ORIGINALLY ADOPTED PURSUANT TO ORDINANCE 5986, ADDING STANDARDS FOR NARROW TRENCHING RELATED TO INSTALLATION OF TELECOMMUNICATIONS INFRASTRUCTURE; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The city council herby repeals and re-enacts the following sections and chapters of the City of Boulder Design and Construction Standards, originally adopted pursuant to Ordinance 5986 (and amended by Ordinance 7088, 7400, 7688, 8006, 8324,8370, 8561 and 8608), to read as shown in Exhibit A attached to and hereby incorporated into this ordinance: Introduction; Chapter 8, Transportation Standards; Chapter 9, Utilities Standards; and Section 2. Chapter 11 of the City of Boulder Design and Construction Standards is further amended by the addition of technical drawings, as shown in Exhibit B attached hereto and incorporated into this ordinance. Section 3. This ordinance is prospective in nature and shall apply to all technical document review and permit applications submitted to the city on or after the effective date of this ordinance. Technical document review applications are administrative in nature and the application date shall be the date that the fee required by Section 4-20-43, “Development Application Fees,” B.R.C. 1981, has been paid. Complete site review and form-based code review applications that have been submitted to the city prior to the effective date of this Attachment A – Proposed Ordinance 8672 Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 12 Packet Page 385 of 903 K:\PLCU\o-8672 1st rdg DCS Narrow Trenching Telecommunications Infrastructure-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ordinance will be permitted to continue through the process under the standards in effect at the time such application is made. Such applicants shall be required to pursue such approvals and meet all requirements and deadlines set by the city manager and the Boulder Revised Code. Technical document review applications and permits applied for prior to the effective date of this ordinance may proceed under the standards in effect at the time of application. The city council intends that any project approved under the standards of the City of Boulder Design and Construction Standards effective prior to the effective date of this ordinance be built and otherwise constructed and maintained in accordance with those standards. Section 4. The city council orders and directs the city manager to make any additional citation, reference, and formatting changes to the City of Boulder Design and Construction Standards not included in this ordinance that are necessary to properly implement these amendments to the City of Boulder Design and Construction Standards. Section 5. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 6. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Attachment A – Proposed Ordinance 8672 Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 13 Packet Page 386 of 903 K:\PLCU\o-8672 1st rdg DCS Narrow Trenching Telecommunications Infrastructure-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 21st day of November 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, AMENDED, AND ADOPTED this 5th day of December 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment A – Proposed Ordinance 8672 Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 14 Packet Page 387 of 903 Effective: June 3, 2024TBD DESIGN AND CONSTRUCTION STANDARDS CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS INTRODUCTION (A) INTRODUCTION The City of Boulder Design and Construction Standards (DCS) were developed to regulate the design and construction of public infrastructure, improvements and landscaping in the city’s public rights-of-way and public easements. The DCS was originally adopted on July 2, 1998 to replace the Design Criteria and Standard Specifications adopted in July 1982. The November 16, 2000 update replaced the July 2, 1998 manual and addressed changes in engineering practices, construction technology, and city review processes. The update also attempts to clarify sections that have been identified as unclear or in error by users of the manual. Updates to chapters 1, 4, 5, 6, 7, 9 and 11 and the Glossary and References were adopted on May 21, 2019. These updates were related to utilities infrastructure and to comply with requirements of the city’s State of Colorado Municipal Separate Storm Sewer System (MS4) permit. Updates to chapters 2 and 4 and the Glossary and References were adopted on January 7, 2020. These updates were related to transportation standards and drawings and a correction to the minimum utility separations table in Chapter 4. Updates to chapters 2, 3, 10, and 11 and the Glossary were adopted on January 2, 2023. These updates were related to transportation standards and drawings and landscape standards. Updates to the traffic study format for hazard assessment were adopted on December 18, 2023. Updates to chapter 2 for street lighting design were adopted on May 2, 2024. Updates to chapters 8, 9, and 11 chapter 11 technical drawing table of contents and chapter 11 detail drawing 9.05A were adopted on ______________. These updates were related to narrow trenching and utility potholing requirements and associated transportation restoration requirements. The DCS prescribe minimum standards to be used in the design and construction of public infrastructure located in public rights-of-way and public easements in the City of Boulder, and the design of private transportation and utility improvements, such as driveway cuts, utility services and onsite drainage systems, which are connected to or impact public infrastructure. The standards in the DCS are intended to provide for the public health, safety and welfare by ensuring the comprehensive design and construction of adequate and functional public improvements associated with developing, redeveloping and subdividing lands and providing necessary right-of-way, transportation and utility services. The DCS requirements reflect accepted and well-founded civil engineering practices, construction industry specifications and conformance with national safety standards and are consistent with current city ordinances, standards, policies and practices. (B) DCS ADOPTION The updated DCS was adopted at second reading by City Council on October 17, 2000, with the passage of City of Boulder Ordinance No. 7088. The May 2019 updated DCS was adopted at second reading by City Council on May 21, 2019, with the passage of City of Boulder Ordinance No. 8324. Information regarding the adoption of Ordinance No. 7088 can be reviewed at the City of Boulder Central Records Office as part of the Planning Board agenda materials for September 7, 2000 and the City Council agenda materials for October 3, 2000 and October 17, 2000. Information regarding the adoption of Ordinance No. 8324 can be reviewed at the City of Boulder Central Records Office as part of the Planning Board agenda materials for April 18, 2019 and the City Council agenda materials for May 7, 2019 and May 21, 2019. Information regarding the adoption of Ordinance No. 8370 can be reviewed at the City of Boulder Central Records Exhibit A to Ord. 8679 DCS Introduction Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 15 Packet Page 388 of 903 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD I-2 Office as part of the Planning Board agenda materials for November 7, 2019 and the City Council agenda materials for December 3, 2019, December 17, 2019 and January 7, 2020. Information regarding the adoption of Ordinance No. 8608 can be reviewed at the City of Boulder Central Records Office as part of the City Council agenda materials for November 2, 2023and November 16, 2023. Information regarding the adoption of Ordinance No. 8631 can be reviewed at the City of Boulder Central Records Office as part of City Council agenda materials for April 11, 2024, and May 2, 2024. Information regarding the adoption of Ordinance 8672 can be reviewed at the City of Boulder Central Records Office as part of City Council agenda materials for _______, 2024, and _________, 2024. Exhibit A to Ord. 8679 DCS Introduction Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 16 Packet Page 389 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-i CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS CHAPTER 8 TRANSPORTATION STANDARDS TABLE OF CONTENTS Section Page 8.01 ADOPTION OF THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) SPECIFICATIONS WITH MODIFICATIONS ....................................................................................................... 1 (A)SECTION 401, PLANT MIX PAVEMENTS - GENERAL ......................................................................................... 1 (B) SECTION 403, HOT BITUMINOUS PAVEMENT ................................................................................................... 2 (C) SECTION 608, SIDEWALKS AND MULTI-USE PATHS ......................................................................................... 3 (D)SECTION 610, MEDIAN COVER MATERIAL ....................................................................................................... 4 (E)SECTION 703, AGGREGATES ............................................................................................................................. 4 (F)SECTION 612, DELINEATORS AND REFLECTORS ............................................................................................... 5 (G)SECTION 614, TRAFFIC CONTROL DEVICES ...................................................................................................... 5 (H)SECTION 627, PAVEMENT MARKING ................................................................................................................ 6 (I)SECTION 713, TRAFFIC CONTROL MATERIALS ................................................................................................. 7 8.02 TRAFFIC SIGNALS ..................................................................................................................................... 8 8.03 TRAFFIC SIGNS AND MARKINGS ......................................................................................................... 8 (A)REQUIRED ........................................................................................................................................................ 8 (B) SIGNING AND STRIPING PLAN .......................................................................................................................... 8 (C) CONFORMANCE WITH MUTCD ........................................................................................................................ 8 (D)MATERIALS ...................................................................................................................................................... 8 (E)PRIVATE STREET SIGNS .................................................................................................................................... 8 8.04 TEMPORARY TRAFFIC CONTROL PLAN ........................................................................................... 9 (A)REQUIRED ........................................................................................................................................................ 9 (B) INTENT ............................................................................................................................................................. 9 (C) TRANSPORTATION MASTER PLAN .................................................................................................................... 9 (D)OBJECTIVES ..................................................................................................................................................... 9 (E)CERTIFICATION REQUIREMENTS ...................................................................................................................... 9 (F)CONFORMANCE WITH MUTCD ........................................................................................................................ 9 (G)GENERAL REQUIREMENTS ............................................................................................................................. 10 (H)NON STANDARD CLOSURES ........................................................................................................................... 10 8.05 FIRE LANE SIGN SPECIFICATIONS .................................................................................................... 11 (A)SIZE................................................................................................................................................................ 11 (B) MATERIAL ...................................................................................................................................................... 11 (C) COLORS .......................................................................................................................................................... 11 (D)WORDING ....................................................................................................................................................... 11 8.06 SIGNING FOR ACCESSIBLE PARKING .............................................................................................. 12 (A)MATERIALS .................................................................................................................................................... 12 Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 17 Packet Page 390 of 903 8-ii DESIGN AND CONSTRUCTION STANDARDS Effective: TBD (B) REQUIRED SIGNS ............................................................................................................................................ 12 (C) SIGN PLACEMENT........................................................................................................................................... 12 8.07 SIGNING FOR PARKING RESTRICTIONS ................................................................................................ 12 (A) SIZE................................................................................................................................................................ 12 (B) MATERIAL ...................................................................................................................................................... 12 8.01 ADOPTION OF THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) SPECIFICATIONS WITH MODIFICATIONS ....................................................................................................... 1 (A) SECTION 401, PLANT MIX PAVEMENTS - GENERAL ......................................................................................... 1 (B) SECTION 403, HOT BITUMINOUS PAVEMENT ................................................................................................... 2 (C) SECTION 608, SIDEWALKS AND MULTI-USE PATHS ......................................................................................... 3 (D) SECTION 610, MEDIAN COVER MATERIAL ....................................................................................................... 3 (E) SECTION 703, AGGREGATES ............................................................................................................................. 4 (F) SECTION 612, DELINEATORS AND REFLECTORS ............................................................................................... 5 (G) SECTION 614, TRAFFIC CONTROL DEVICES ...................................................................................................... 5 (H) SECTION 627, PAVEMENT MARKING ................................................................................................................ 6 (I) SECTION 713, TRAFFIC CONTROL MATERIALS ................................................................................................. 7 (J) SECTION 408, JOINT AND CRACK SEALANT ...................................................................................................... 8 8.02 TRAFFIC SIGNALS ..................................................................................................................................... 8 8.03 TRAFFIC SIGNS AND MARKINGS ......................................................................................................... 8 (A) REQUIRED ........................................................................................................................................................ 8 (B) SIGNING AND STRIPING PLAN .......................................................................................................................... 8 (C) CONFORMANCE WITH MUTCD ........................................................................................................................ 8 (D) MATERIALS ...................................................................................................................................................... 8 (E) PRIVATE STREET SIGNS .................................................................................................................................... 8 8.04 TEMPORARY TRAFFIC CONTROL PLAN ........................................................................................... 9 (A) REQUIRED ........................................................................................................................................................ 9 (B) INTENT ............................................................................................................................................................. 9 (C) TRANSPORTATION MASTER PLAN .................................................................................................................... 9 (D) OBJECTIVES ..................................................................................................................................................... 9 (E) CERTIFICATION REQUIREMENTS ...................................................................................................................... 9 (F) CONFORMANCE WITH MUTCD ........................................................................................................................ 9 (G) GENERAL REQUIREMENTS ............................................................................................................................. 10 (H) NON STANDARD CLOSURES ........................................................................................................................... 10 8.05 FIRE LANE SIGN SPECIFICATIONS .................................................................................................... 11 (A) SIZE................................................................................................................................................................ 11 (B) MATERIAL ...................................................................................................................................................... 11 (C) COLORS .......................................................................................................................................................... 11 (D) WORDING ....................................................................................................................................................... 11 8.06 SIGNING FOR ACCESSIBLE PARKING .............................................................................................. 12 (A) MATERIALS .................................................................................................................................................... 12 (B) REQUIRED SIGNS ............................................................................................................................................ 12 (C) SIGN PLACEMENT........................................................................................................................................... 12 8.07 SIGNING FOR PARKING RESTRICTIONS ................................................................................................ 12 (A) SIZE................................................................................................................................................................ 12 (B) MATERIAL ...................................................................................................................................................... 12 Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 18 Packet Page 391 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-i LIST OF TABLES Table Number Page Table 8-1: Marshall Method by Street Classification .................................................................................. 2 Table 8-2: Hot Bituminous Pavement Design Mix ....................................................................................... 3 Table 8-3: Minimum Voids in the Mineral Aggregate (VMA) .................................................................... 3 Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 19 Packet Page 392 of 903 Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 20 Packet Page 393 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-1 8.01 Adoption of the Colorado Department of Transportation (CDOT) Specifications with Modifications The current edition of the “Colorado Department of Transportation Standard Specifications for Road and Bridge Construction” is hereby adopted by reference in these Standards as the City of Boulder transportation construction standards, except as specifically amended by the provisions of this chapter. (A) Section 401, Plant Mix Pavements - General (1) Subsection 401.02, “Composition of Mixtures,” is amended to incorporate the following additions: (a) A job-mix formula shall be submitted to the Director of Public Works for approval prior to placing any hot bituminous pavement. The formula shall indicate the aggregate gradation, asphalt cement content, hydrated lime content, and optimum density. If requested by the Director, a sample of the aggregate and asphalt cement shall be submitted for approval (for test purposes) prior to placing any hot bituminous pavement. (b) The job-mix formula for each mixture shall establish a single percentage of aggregate passing each required sieve size, a single percentage of bituminous material to be added to the aggregate, and a single temperature for the mixture at the discharge point of the plant. (c) When submitting the job-mix formula, the contractor shall supply certified test results on all asphalt cements, aggregates, and mixes used for hot bituminous pavement, and certify that all materials meet or exceed all required specifications and tests. (d) The Director reserves the right to sample materials and mixtures throughout project construction to determine whether specifications and requirements have been met and to confirm the certified test results. The contractor is responsible for providing a bituminous mixture that meets the job formula and specifications. (e) The contractor shall be responsible for providing adequate field testing of materials used on the project and providing copies of the test results to the City to assure compliance with these specifications. (f) The top layer of hot bituminous pavement shall not contain any reclaimed asphalt material, unless approved by the Director. (2) Subsection 401.11, “Tack Coat,” is amended to incorporate the following additions: (a) A tack coat shall be evenly applied to all existing asphalt or concrete surfaces that will be in contact with asphalt prior to hot bituminous pavement placement. A slow-setting, diluted emulsion shall be used, diluted with one part water to one part asphalt emulsion. The rate of application shall be 0.1 gallons per square yard of diluted asphalt emulsion. Before dilution, the emulsified asphalt shall comply with AASHTO M140 or M208. Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 21 Packet Page 394 of 903 8-2 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD (b) Only the amount of tack coat necessary for the day's operation is to be placed on the surface. All traffic not essential to the work shall be kept off the tack coat. (3) Subsection 401.12, “Surface Conditioning,” is amended to incorporate the following addition: All vegetation shall be removed from any existing surface to be overlaid. (4) Subsection 401.16, “Spreading and Finishing,” is amended to incorporate the following additions: (a) The bituminous mixture shall be placed with an asphalt paver if possible. The contractor shall receive permission from the Director to use placement methods other than a paver. The lift thickness shall be at least twice the maximum particle size for the hot bituminous pavement mix. The maximum lift thickness for the final lift shall be 2 inches, unless otherwise approved by the Director. (b) Areas to be patched shall be excavated and squared to a neat line, leaving the sides of the excavation vertical. Prior to placement of the patch, the exposed sides of the existing pavement shall be thoroughly coated with slow-setting Emulsified Asphalt. Hot bituminous pavement shall then be placed and compacted in succeeding layers; no layer shall be more than 3 inches deep. (B) Section 403, Hot Bituminous Pavement (1) Subsection 403.02, “Materials,” is amended to incorporate the following additions: (a) Design mixes shall be established using the Marshall Method of compaction. The method will be applied based on street classification according to Table 8-1, “Marshall Method by Street Classification.” Table 8-1: Marshall Method by Street Classification Design Method Laboratory Compaction Street Classification Marshall Method, ASTM D 1559 Asphalt Institute MS-2 50 blows per side Local, Collector, and Minor Arterial (ESAL < 1 million) Marshall Method, ASTM D 1559 Asphalt Institute MS-2 75 blows per side Major Arterial (ESAL < 1 million) (b) The design mix for hot bituminous pavement shall conform to Table 8-2, “Hot Bituminous Pavement Design Mix,” and Table 8-3, “Minimum Voids in the Mineral Aggregate (VMA).” (c) The addition of any recycled material is subject to approval by the Director prior to use in any asphalt mix. All mixes including recycled material shall meet all standard specifications and contain no more than 10% recycled material. (d) Hot bituminous pavement for patching shall be Grading C with AC-10 asphalt cement. (e) A minimum of one percent hydrated lime by weight of the combined aggregate shall be added to all aggregate for hot bituminous pavement. Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 22 Packet Page 395 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-3 Table 8-2: Hot Bituminous Pavement Design Mix Property Test Method Value Voids, Percent MS-2; AASHTO T269 3-5 Stability, Minimum MS-2; AASHTO T245 1800 Flow (0.01") MS-2: AASHTO T245 8-16 Aggregate retained on the No. 4 Sieve with at least two Fractured Faces % Min. CP-45 70 Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman) Min. AASHTO T283 80 Minimum Dry Split Tensile Strength, PSI AASHTO T283 30 Voids in Mineral Aggregate, VMA, % Min. MS-2 See Table 8.01-3 Grade of Asphalt Cement AC-10 Table 8-3: Minimum Voids in the Mineral Aggregate (VMA) Design Air Voids ** Nominal Maximum Size*, Inches (mm)** 3.0% 4.0% 5.0% 1 ½ (37.5) 11 12 13 1 (25.0) 12 13 14 ¾ (19.0) 13 14 15 ½ (12.5) 14 15 16 3/8 (9.5) 15 16 17 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. (C) Section 608, Sidewalks and Multi-Use Paths (1) Subsection 608.03(e), “Joints,” is amended to incorporate the following additions: All jointing of bikepath, bikeway, and bike trail concrete pavement shall be saw cut at the nearest contraction joint and shall be removed and replaced full width. No partial removal and replacement will be allowed. No longitudinal joints will be allowed in either sidewalk or bikepath concrete pavements. (D) Section 610, Median Cover Material (1) Subsection 610.02, “Materials,” is amended to incorporate the following additions: Patterned concrete shall be colored concrete and meet the requirements of Section 601 Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 23 Packet Page 396 of 903 8-4 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD with the following exceptions: Field Compressive Strength (28 days), psi (Not a specification requirement) 4500 Cement Content, lbs./cu. Yd., minimum 610 Max. Water/cement ratio lbs. Water/lbs. Cement 0.44 Entrained and Entrapped Air, percent 4 - 8 Slump, AASHTO T 119, inches 2 – 5 Coarse Aggregate, AASHTO M43 Size No. 8 Fine Aggregate, AASHTO M6, percent of total aggregate 50 - 78 (2) An approved water reducing admixture shall be used in the mix. (a) The coloring agent shall be integral to the concrete mixture. (b) The color and pattern shall be as defined in the plans as approved by the City. (c) Colored wax curing membrane shall be as recommended by the supplier of the coloring agent. (3) Subsection 610.03, “Construction Requirements,” is amended to incorporate the following additions: Patterned concrete may be used for median cover material. Construction shall conform to the requirements of CDOT Subsection 608.03 with the following exceptions: (a) While the concrete is still plastic, a special pattern forming tool shall be applied to the concrete surface to form the specified pattern. All tears and voids resulting from the pattern forming shall be repaired. (b) Curing shall include application of two coats of colored wax curing membrane. The first coat shall be applied within 2 hours of finishing. The second coat shall be applied between 10 and 20 days following the first application. (E) Section 703, Aggregates Subsection 703.04, “Aggregate for Hot Plant Mix Bituminous Pavement,” paragraph 3 is deleted and replaced with the following revision: (1) The aggregate from individual sources shall have a percentage of wear of not more than 40 when tested in accordance with AASHTO T96 after 500 revolutions. The aggregate from individual sources shall contain no more than a 1 percent deleterious material including clay lumps, vegetable matter, friable particles, and other deleterious substances tested in accordance with AASHTO T112. (2) For quarries or sources which contain minerals which are not of similar composition, the abrasion and friable particle requirements shall be applied to each mineral composition. (3) All aggregate shall meet the sodium or magnesium sulfate test in accordance with AASHTO M29. Subsection 703.05, “Aggregate for Cover Coat Material”, is incorporated for the purpose of Narrow Trenching, and any other uses determined by the Director. Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 24 Packet Page 397 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-5 (F) Section 612, Delineators and Reflectors Subsection 612.02, “Materials,” is amended to incorporate the following additions: All delineators shall be “safe hit” reflective delineators and shall be anchored according to manufacturer’s recommendations. (G) Section 614, Traffic Control Devices (1) Subsection 614.02, “Sign Posts and Sign Structures,” is amended to incorporate the following additions: (a) All signs must be mounted on “TELESPAR” posts or approved equal. These installations shall be per manufacturer’s recommendations and be constructed in two sections including the base and the post. (b) The post size shall conform to manufacturers recommendations according to the total sign area square footage and wind loading, but in no instance shall post size be less than 2” square, 12 gauge material, affixed to base by means of two (each) drive rivets with washers on the back side of post and right or left side of post, at a length to accommodate the proper mounting height of sign to be affixed per the MUTCD. (c) The “TELESPAR” sign base shall be 2 ¼ x 36 inches in length and shall be driven into the ground 33 to 34 inches with 2 to 3 inches exposed above final grade. (d) Sign Bolts: Sign shall be affixed to post with a minimum of two (each) 5/16 x 2- ¾ inch bolts with locking nut and vandal proof (Gator Lock or approved equal) hardware on each side (front/back) with nylon washer or equivalent behind the Gator lock on the sheeting side. (e) Banded Sign Mount: All banding material shall be ¾ inch wide stainless Steel banding. Hardware for installation of signs less than 30” attached to a signal/light pole shall consist of a buckle bracket. For 30”or greater signs, Sign Fix is required to be mounted on the sign and a slider bracket to affix sign to the banding. (f) Other Sign Mounts: Utility wood poles can be used when the location is appropriate for signs with prior approval from the Director. The mounting hardware shall be lag bolts with washers, with nylon washer or equivalent against the sheeting side. (g) Cantilever Mount: Cantilever mounts shall be approved by the Director prior to being used. (h) CDOT Breakaway Post System: Signs placed in rights-of-way under the jurisdiction of CDOT shall provide a breakaway system in accordance with CDOT standards (M & S Standards section S-614-5). (2) Subsection 614.04, “Sign Panels,” is amended to incorporate the following additions: (a) All reflective sheeting shall be ASTM D 4956-04 Type XI Diamond Grade Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 25 Packet Page 398 of 903 8-6 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD Cubed (DG3) or equivalent approved by the Director. (b) All sign blanks shall be constructed using 0.100 gauge aluminum material. (c) All public street name signs shall be constructed using extruded aluminum alloy 6063-T6, or approved equal, with 0.091 inch thick web, 0.250 inch thick edges, and square corners. All non-extruded signs shall be mounted on 0.100 gage aluminum with rounded radius corners. All public street name signs shall be constructed using reflective sheeting stated above and have a blue background with white lettering. (H) Section 627, Pavement Marking Subsection 627.03, “General,” is amended to incorporate the following additions: (1) White and yellow skip markings shall be 4 inches wide and 10 feet long with a 30 foot gap between. (2) All crosswalk lines shall be applied longitudinally, and shall be 24 inches wide by 10 feet long. (3) On concrete surfaces all curing compound shall be removed prior to the installation of any pavement marking. (4) Maintenance Striping (a) All lane, center, and channelizing lines shall be striped with epoxy pavement markings at 15 mm thickness with glass beads. (b) All crosswalk lines installed on asphalt surfaces shall be provided using pre- formed plastic pavement markings 3M A270 E/S series tape. On concrete surfaces, an equivalent pre-form thermoplastic marking can be used if approved by the Director. (b) All lane use arrows on concrete surfaces shall be Premark Brand Elongated Series Contrast Arrows. (c) All lane use arrows on Asphalt Surfaces shall be pre-formed plastic pavement markings, 3M Elongated L270 ES Series. (d) Adherence to manufacturer’s installation recommendations (method) is required. (5) New Striping (a) Approval of final lay-out is required prior to placement of pavement markings (b) On concrete surfaces all curing compound shall be removed prior to the installation of any pavement markings. (c) Adherence to manufacturer’s installation recommendations is required. (d) All lane use arrows on concrete surfaces shall be Premark Brand Elongated Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 26 Packet Page 399 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-7 Series Contrast Arrows. (e) All lane use arrows on Asphalt Surfaces shall be pre-formed plastic pavement markings, 3M Elongated L270 ES Series. (I) Section 713, Traffic Control Materials (1) Subsection 713.04, “Sign Panel Backgrounds,” is amended to incorporate the following addition: Aluminum sign panels may also have a Class II (A-1) anodic coating clear finish as defined in the “Aluminum Association Standards for Anodically Coated Aluminum Alloys for Architectural Applications.” (2) Subsection 713.06, “Messages,” is amended to incorporate the following additions: (a) All street name signs on non-signalized intersections shall be 9 inches wide with 6 inch, upper-case, series D capital letters, together with 4 ¾ inch, lower-case, series D letters for the name of the street, and a 3 inch, upper-case, series D capital letter together with 2 ¼ inch, lower- case, series D letters for “Avenue,” “Street,” 3 inch block numbers below the abbreviation of “Ave.,” “St.,” etc. The “Ave” etc. and block numbers shall be centered on the sign with a 1 inch separation between them. When block numbers are not used, “Ave”, “St”, “Rd”, etc. shall be 6 inch upper case with 4 /4 inch lower case letters series D. On numbered streets, a 6 inch, series D number shall be used with 4 ¾ inch, lower- case, series D letters for “th”, “st” and “nd” to be held in line with the number that it follows. (b) All reflective sheeting for street name sign faces shall be Type XI 3M - Diamond Grade Cubed sheeting or approved equal. (3) Subsection 713.08, “Glass Beads for Traffic Markings,” is amended to incorporate the following addition: Glass beads shall be applied on Epoxy Pavement Markings Lane Lines at a rate of 15 to 18 pounds per gallon. (4) Subsection 713.13, “Preformed Plastic Materials,” is amended to incorporate the following additions: (a) Preformed Plastic: material shall be 3M Stamark Series A270 ES for all transverse & longitudinal lines. All lane use symbols shall be 3M Stamark Series L270 ES. (b) Preformed Plastic: (New Concrete Application) “white only” material shall be 3M Stamark Series A380I-5 ES (contrast) for all longitudinal skip lines or channelizing lines. (5) Subsection 713.14, “Preformed Thermoplastic Material,” is amended to incorporate the following additions: (a) Preformed Thermoplastic; Materials shall be alkyd based materials for transverse & longitudinal lines, or approved equivalent. Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 27 Packet Page 400 of 903 8-8 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD (b) All materials shall be 90 mm thick with beads. Only preformed thermoplastic marking material listed on CDOT’s approved products list may be used. (6) Subsection 713.19, Methyl Methacrylate Pavement Marking,” Methyl Methacrylate material shall be approved by the Director prior to being used on transportation facilities in the public right-of-way. (J) Section 408, Joint and Crack Sealant (1) Subsection 408.02, “Materials,” is amended to incorporate the following addition: Use of Mastic One or equivalent materials, for Narrow Trenching restoration, shall be listed on the CDOT approved products list. The contractor shall provide to the city, material certifications and manufacturer’s instructions for heating and application prior to use. 8.02 Traffic Signals All traffic signal design and construction shall be performed in accordance with the Section 2-2-11, “Traffic Engineering,” B.R.C. 1981 and these Standards. 8.03 Traffic Signs and Markings (A) Required The applicant shall be responsible for the installation of all traffic control devices, street name signs, and pavement markings prior to opening or reopening any public transportation facility. (B) Signing and Striping Plan A complete signing and striping plan shall be submitted as part of project or development construction plans, to be approved by the Director prior to installation. The plan shall specify the locations, types, and combinations of approved signs, pavement markings, and barricades required for each project or development. (C) Conformance with MUTCD All signs, sign materials, and barricade warning lights shall conform to the standards set forth in the current edition of the “Manual on Uniform Traffic Control Devices (MUTCD)”, and these Standards. (D) Materials The quality of material used in traffic signs, type and quality of all vandal-proof sign hardware, and quality of all metal square sign posts shall be in conformance with these Standards, subject to approval by the Director. (E) Private Street Signs Private streets shall be signed as such and shall include the message “NO CITY MAINTENANCE”, and be installed on the same support as the street name sign. Any private street name signs should be fabricated and installed according to the specifications for a public right-of-way street name sign except that the sign shall have white lettering on a green Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 28 Packet Page 401 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-9 background. 8.04 Temporary Traffic Control Plan (A) Required The Director of Public Works may require a Temporary Traffic Control (TTC) Plan for any work that impacts a public right-of-way or easement. (B) Intent The purpose of this section is to establish standards and methods for handling traffic to be applied when work or work activity in the public right-of-way or public easements impedes or obstructs any mode of transportation, including but not limited to pedestrian, bicycle, transit, or vehicular traffic. These standards are intended to ensure safe and effective work areas, and warn, control, protect, and accommodate all modes of transportation. (C) Transportation Master Plan All temporary traffic control plans shall comply with the goals, policies, and standards adopted in the Transportation Master Plan (TMP). (D) Objectives Primary objectives of a TTC plan are as follows: (1) Prevent accidents and injury for both the public and for workers, by providing a safe work area; (2) Prevent damage to public and private property, including damage to vehicles and construction equipment; (3) Ensure well defined and safe traffic movements through work areas and temporary traffic control zones; (4) Efficiently and equitably accommodate pedestrian, bicycle, transit, and vehicular traffic; (5) Support mode prioritization goals established in the TMP; (6) Provide effective communication with the public; and (7) Ensure conformity with these standards for work zone temporary traffic control. (E) Certification Requirements (1) Traffic Control Plans shall be prepared by or under the direct supervision of a person certified as a Traffic Control Supervisor (TCS) by the American Traffic Safety Services Association (ATSSA) or with equivalent certification as approved by the Director. (2) Traffic Control Plans shall be implemented under the direct supervision of a TCS, certified Traffic Control Technician (TCT), or person with equivalent certification as approved by the Director. (F) Conformance with MUTCD All traffic control plans, signs, sign materials, barricade warning lights, and other temporary traffic control measures shall conform to the “Manual on Uniform Traffic Control Devices” (current edition), except as specifically amended or supplemented by the provisions of these Standards. Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 29 Packet Page 402 of 903 8-10 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD (G) General Requirements All proposed Traffic Control Plans shall include the following: (1) The location of work (2) A description of work to be performed (3) A construction schedule identifying duration and extent of impacts (4) A delineation of the proposed work area including any staging, storage, and delivery areas. (5) Proposed measures to address impacts to vehicles, bicycles, pedestrians, multi-use path facilities, transit facilities, and persons with disabilities. (H) Non Standard Closures Traffic control plans which due to their location, duration, extent, hours of operation, or impact will result in more significant impacts to the traveling public require additional information to demonstrate that impacts have been avoided, minimized, and mitigated. The Director may approve the following Non Standard closures upon finding that the applicable criteria have been met: (1) Work Hours: Plans which propose to close a vehicular travel lane on any weekday prior to 9 a.m. or later than 4 p.m., or on any weekend shall demonstrate that such impacts cannot be reasonably avoided or that the proposed schedule reduces impacts to the public compared to closure during normal work hours. (2) Multiple Vehicle Lanes: Plans which propose to close all or multiple vehicle lanes in a single direction of travel shall demonstrate that such impacts cannot be reasonably avoided through alternative scheduling or phasing of work. (3) Vehicular Detours: Plans which propose to detour traffic to another roadway shall demonstrate that such impacts cannot be reasonably avoided and that impacts to the detour route have been mitigated to the extent practicable. Impacts to the detour route shall be evaluated including, without limitation, intersection level of service, traffic speed and volume in residential neighborhoods and school zones, and impacts to all modes of transportation. (4) Flagging: Plans which propose use of flaggers shall demonstrate that the duration or scope of work is such that more permanent control measures are not practical. (5) Transit Facilities: Plans which propose impacts to a transit facility or transit stop must demonstrate that such impacts cannot be avoided and provide for appropriate detours and alternative stop locations. (6) Sidewalks: The following special considerations shall be given to proposed closures of sidewalks: a) Adjacent to streets not classified as “Local” in the Transportation Master Plan; b) Located in the CAGID or UHGID boundary areas; c) Impacted for more than seven days; d) Where no other sidewalk exists adjacent to the roadway; e) Serving a school zone or transit stop, or f) Requiring pedestrians to detour to a facility on a separate parallel roadway. Such proposed closures must demonstrate that impacts cannot be avoided through Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 30 Packet Page 403 of 903 Effective: TBD DESIGN AND CONSTRUCTION STANDARDS 8-11 alternative construction methods, that the duration and extent of impacts has been minimized, and that an adequate detour has been provided. (7) Bicycle Lanes: Special consideration shall be given to proposed closures of on street bike lanes along roadways with a posted speed limit of 40 mph or greater; or bike lanes that involve contra-flow lanes. Such proposed closures shall demonstrate that impacts cannot be avoided through alternative construction methods, that the facility cannot be reasonably relocated through reassignment of vehicle lanes or other existing facilities, that the duration and extent of impacts has been minimized, and that an adequate detour has been provided. (8) Multi-Use Paths: Special consideration shall be given to proposed closures of sidewalk facilities which have been designated as multi-use paths. Such proposals shall demonstrate that impacts cannot be avoided through alternative construction methods, that the facility cannot be reasonably relocated through reassignment of vehicle lanes or other existing facilities, that the duration and extent of impacts has been minimized, and that an adequate detour has been provided. Detours routes must be of similar width and surface type to the permanent facility. (9) Signage: Where detours or closures impact pedestrian, bicycle, or multi-use path facilities, additional signage as required by Director shall be utilized to supplement the requirements of the MUTCD. 8.05 Fire Lane Sign Specifications (A) Size Fire lane signs shall be 12 inches by 18 inches. (B) Material Fire lane sign material shall be 0.100-inch thick aluminum alloy 6061-T6 with 3M Diamond Grade Cubed (DG3) sheeting Type XI. (C) Colors Fire lane sign colors shall be red letters on a white background. The letter on the symbol shall be black. (D) Wording Fire lane signs shall including the wording “FIRE LANE” with an appropriate arrow and a no parking symbol (“P” with a slash). Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 31 Packet Page 404 of 903 8-12 DESIGN AND CONSTRUCTION STANDARDS Effective: TBD 8.06 Signing for Accessible Parking Accessible parking signs required for accessible parking spaces shall meet the following standards: (A) Materials Sign materials shall conform to the standards set forth in the MUTCD and these Standards. (B) Required Signs Three signs shall be required for accessible parking spaces as follows: (1) Sign #1: Sign #1 (R7-8) shall be 12 inches by 18 inches with green lettering on a white background. This sign shall read, “RESERVED PARKING”, followed by a blue accessible symbol and a green arrow indicating the stalls restricted to accessible parking. (2) Sign #2: Sign #2 shall be 24 inches by 18 inches with white lettering on a blue background. This sign shall read, “VEHICLES NOT DISPLAYING THE STATE AUTHORIZATION MAY BE TOWED AT OWNER'S EXPENSE. FOR PERMIT INFORMATION CONTACT THE LOCAL MOTOR VEHICLE OFFICE,” and shall display a symbol of accessibility. (3) Sign #3: Sign #3 shall be 12 inches by 6 inches with white numerical numbering on a blue background. This sign shall read in numerical value, “$112.00,” centered with a white border. (C) Sign Placement The accessible parking signs shall be placed as shown on Technical Drawing 2.86, “Accessible Parking Sign Details,” in Chapter 11 of these Standards, and are to be set directly facing or no more than 45 degrees from the line of travel of a vehicle entering the stall. These signs may be mounted on a post or may be mounted permanently on an adjacent wall using anchor bolts. Such signs shall be placed at the center of the end stalls of each accessible parking area and at every second stall in-between. 8.07 Signing for Parking Restrictions (A) Size Parking restriction signs shall be 12” x 18”. (B) Material Sign material shall be 0.100-inch thick aluminum alloy 6061-T6 with 3M DG3 (Diamond Grade Cubed) sheeting Type XI. Exhibit A to Ord. 8679 DCS Ch. 8 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 32 Packet Page 405 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-i CITY OF BOULDER DESIGN AND CONSTRUCTION STANDARDS CHAPTER 9 UTILITIES STANDARDS TABLE OF CONTENTS Section Page 9.01 GENERAL ..................................................................................................................................................... 1 (A) INTENT ......................................................................................................................................................... 1 (B) SCOPE ........................................................................................................................................................... 1 (C) REFERENCE STANDARDS .............................................................................................................................. 1 (D) CITY APPROVAL REQUIRED .......................................................................................................................... 1 9.02 EXCAVATION AND TRENCHING .......................................................................................................... 1 (A) GENERAL ...................................................................................................................................................... 1 (B) MATERIALS .................................................................................................................................................. 2 (C) EXECUTION .................................................................................................................................................. 4 9.03 DUCTILE IRON PIPE (DIP) ..................................................................................................................... 11 (A) GENERAL .................................................................................................................................................... 11 (B) MATERIALS ................................................................................................................................................ 11 (C) THRUST RESTRAINT ................................................................................................................................... 12 (D) CONNECTIONS TO THE EXISTING SYSTEM................................................................................................... 13 (E) EXECUTION ................................................................................................................................................ 13 9.04 POLYVINYL CHLORIDE (PVC) PRESSURE PIPE ............................................................................. 15 (A) GENERAL .................................................................................................................................................... 15 (B) MATERIALS ................................................................................................................................................ 15 (C) THRUST RESTRAINT ................................................................................................................................... 16 (D) CONNECTIONS TO THE EXISTING SYSTEM................................................................................................... 17 (E) EXECUTION ................................................................................................................................................ 18 9.05 WATER SERVICES ................................................................................................................................... 20 (A) GENERAL .................................................................................................................................................... 20 (B) MATERIALS ................................................................................................................................................ 20 (C) EXECUTION ................................................................................................................................................ 24 9.06 GATE VALVES .......................................................................................................................................... 25 (A) GENERAL .................................................................................................................................................... 25 (B) MATERIALS ................................................................................................................................................ 25 (C) EXECUTION ................................................................................................................................................ 26 9.07 BUTTERFLY VALVES ............................................................................................................................. 27 (A) GENERAL .................................................................................................................................................... 27 (B) MATERIALS ................................................................................................................................................ 27 (C) EXECUTION ................................................................................................................................................ 28 9.08 TAPPING SLEEVES AND VALVES ....................................................................................................... 28 Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 33 Packet Page 406 of 903 9-ii DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (A) GENERAL .................................................................................................................................................... 28 (B) MATERIALS ................................................................................................................................................ 28 (C) EXECUTION ................................................................................................................................................ 29 9.09 FIRE HYDRANTS ...................................................................................................................................... 30 (A) GENERAL .................................................................................................................................................... 30 (B) MATERIALS ................................................................................................................................................ 30 (C) EXECUTION ................................................................................................................................................ 30 9.10 COMBINATION AIR VALVE .................................................................................................................. 31 (A) GENERAL .................................................................................................................................................... 31 (B) MATERIALS ................................................................................................................................................ 31 (C) EXECUTION ................................................................................................................................................ 32 9.11 PIPELINE FITTINGS ................................................................................................................................ 32 (A) GENERAL .................................................................................................................................................... 32 (B) MATERIALS ................................................................................................................................................ 32 9.12 DISINFECTING WATERLINES .............................................................................................................. 33 (A) SCOPE ......................................................................................................................................................... 33 (B) MATERIALS ................................................................................................................................................ 33 (C) EXECUTION ................................................................................................................................................ 33 9.13 TESTING OF WATER PIPES .................................................................................................................. 34 (A) GENERAL .................................................................................................................................................... 34 (B) MATERIALS ................................................................................................................................................ 34 (C) EXECUTION ................................................................................................................................................ 34 9.14 POLYVINYL CHLORIDE (PVC) NON-PRESSURE PIPE ................................................................... 36 (A) GENERAL .................................................................................................................................................... 36 (B) MATERIALS ................................................................................................................................................ 36 (C) EXECUTION ................................................................................................................................................ 37 9.15 REINFORCED CONCRETE PIPE .......................................................................................................... 39 (A) GENERAL .................................................................................................................................................... 39 (B) MATERIALS ................................................................................................................................................ 39 (C) EXECUTION ................................................................................................................................................ 40 9.16 MANHOLES AND INLETS ...................................................................................................................... 42 (A) GENERAL .................................................................................................................................................... 42 (B) MATERIALS ................................................................................................................................................ 43 (C) EXECUTION ................................................................................................................................................ 44 9.17 TESTING OF GRAVITY SEWER PIPELINES AND MANHOLES .................................................... 45 (A) GENERAL .................................................................................................................................................... 45 (B) MATERIALS ................................................................................................................................................ 45 (C) EXECUTION ................................................................................................................................................ 45 (D) SANITARY SEWER MANHOLES ................................................................................................................... 47 9.18 CORRUGATED METAL PIPE ................................................................................................................ 48 (A) GENERAL .................................................................................................................................................... 48 (B) MATERIALS ................................................................................................................................................ 48 (C) EXECUTION ................................................................................................................................................ 49 9.19 CURED-IN-PLACE PIPE (CIPP) ............................................................................................................. 50 Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 34 Packet Page 407 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-iii (A) GENERAL .................................................................................................................................................... 50 (B) MATERIALS ................................................................................................................................................ 50 (C) EXECUTION ................................................................................................................................................ 51 9.20 PIPE BURSTING NON-PRESSURE PIPE .............................................................................................. 53 (A) GENERAL .................................................................................................................................................... 53 (B) MATERIALS ................................................................................................................................................ 54 (C) EXECUTION ................................................................................................................................................ 54 9.21 TELECOMMUNICATION OR CABLE SYSTEM STANDARDS ....................................................... 54 (A) GENERAL .................................................................................................................................................... 54 (B) UNDERGROUND FACILITIES ........................................................................................................................ 55 (C) ABOVEGROUND FACILITIES ........................................................................................................................ 57 9.22 ELECTRIC POWER FACILITY STANDARDS .................................................................................... 58 (A) GENERAL .................................................................................................................................................... 58 (B) UNDERGROUND FACILITIES ........................................................................................................................ 59 (C) ABOVEGROUND FACILITIES ........................................................................................................................ 60 9.23 GAS DISTRIBUTION FACILITY STANDARDS ................................................................................... 60 (A) GENERAL .................................................................................................................................................... 60 (B) UNDERGROUND FACILITIES ........................................................................................................................ 61 (C) TESTING REQUIREMENTS ............................................................................................................................ 62 (D) ABOVEGROUND FACILITIES ........................................................................................................................ 62 LIST OF TABLES Number Page Table 9-1: Granular Bedding Material .................................................................................................................... 2 Table 9-2: Flowable Fill Requirements ................................................................................................................... 3 Table 9-3: Tube Size and Sheet Width for Pipe Diameter .................................................................................... 11 Table 9-4: Ductile-Iron Pipe Deflection ................................................................................................................ 13 Table 9-5: Pipe Laying .......................................................................................................................................... 18 Table 9-6: Required Manhole Diameters .............................................................................................................. 43 Table 9-7: Specifications for Air Testing of Sanitary Sewer Pipes ....................................................................... 46 Table 9-8 : Corrugated Base Metal Specifications ................................................................................................. 48 Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 35 Packet Page 408 of 903 Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 36 Packet Page 409 of 903 9-1 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD 9.01 General (A) Intent The Utilities Standards are intended to complement the design standards specified in Chapter 4, “General Utilities Design,” Chapter 5, “Water Design,” Chapter 6, “Wastewater Design,” Chapter 7, “Storm Water Design,” and Chapter 11, “Technical Drawings,” of these Standards, and provide minimum standards for the construction of public utilities improvements in public rights-of-way and public easements. (B) Scope These Standards apply to all city-operated public utility improvements within the City of Boulder service area. This chapter describes the construction of public utilities and other work within the public right-of-way and public easements including, but not limited to, work activities involved, materials used, installation methods, and required testing. The utilities construction requirements of this chapter are in addition to those set forth in Chapter 4, “General Utilities Design,” Chapter 5, “Water Design,” Chapter 6, “Wastewater Design,” Chapter 7, “Storm Water Design,” and Chapter 11, “Technical Drawings,” of these Standards and the B.R.C. 1981. (C) Reference Standards Where not specified in these Standards or the B.R.C. 1981, in order to protect the public health, safety, and welfare, the Director of Public Works will specify the standards to be applied to the design and construction of utilities and may refer to one or more of the references listed in the References Section of these Standards. (D) City Approval Required All work associated with the construction of public utilities within or upon any City of Boulder public right-of-way or public easement is subject to City of Boulder approval or permit issuance as set forth in Chapter 8-5, “Work in the Public Right Of Way and Public Easements,” B.R.C. 1981. 9.02 Excavation and Trenching (A) General (1) Scope: This section describes excavation and trenching, which includes the following: (a) Necessary clearing, grubbing, and preparation of the site; (b) Removal and disposal of debris; (c) Excavation and trenching as required; (d) The handling, storage, transportation, and disposal of all excavated material; (e) Necessary sheeting, shoring, and protection work; (f) Preparation of subgrades; (g) Pumping and dewatering as necessary or required; Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 37 Packet Page 410 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-2 (h) Protection of adjacent property (i) Backfilling; (j) Pipe embedment; (k) Placement of fills; (l) Surfacing and grading; and (m) Other relevant work. (2) Quality Assurance: All tests required for the preliminary review of materials shall be made by an acceptable independent testing laboratory at the expense of the contractor. Two initial gradation tests shall be made for each type of pipe bedding, fill, or backfill material, and one additional gradation test shall be made for each additional 500 tons of each material. The contractor shall pay for all in-place field density tests, Proctor moisture-density tests, and relative density tests on the materials as required. (B) Materials (1) General: All bedding and backfill material shall be free of frozen material, organic material, and debris. (2) Pipe Bedding: Bedding materials shall conform to the following requirements: (a) Bedding Materials: Bedding materials shall not contain cinders or other material that may cause pipe corrosion. (b) Concrete Arch Encasement: A concrete arch encasement is not required unless improper trenching or unexpected trench conditions require its use, as determined by the Director. (c) Granular Bedding Material: Granular bedding material shall consist of well graded sand or squeegee meeting a fine aggregate standard shown in Table 9-1, “Granular Bedding Material.” Instead of a material meeting the requirements in Table 9-1, the Director may approve 3/8-inch chips conforming to the grading and composition requirements of Course Aggregate No. 8 in Table 703-1, “Concrete Aggregate Gradation Table,” of the CDOT Standard Specifications for Road and Bridge Construction, 2017, due to lack of availability of the materials meeting Table 9-1 requirements. Table 9-1: Granular Bedding Material Sieve Size Percent Passing by Weight 3/8-inch 100% No. 4 60-100% No. 8 0-45% No. 16 0-30% No. 50 0-6% No. 200 0-2% (d) Compaction: All granular bedding material shall be compacted by vibrating or Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 38 Packet Page 411 of 903 9-3 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD slicing with a shovel and placed in layers no more than 6 inches thick. (3) Stabilization Material: Stabilization material shall be placed on suitably prepared subgrades and compacted by vibration. Stabilization material shall be crushed rock or gravel; free from dust, clay, or trash; and graded 1 ½ inch to No. 4 as defined in ASTM C33 and shall be compacted to not less than 70 percent relative density as determined by ASTM D4253 and D4254. (4) Trench Backfill: Trench backfill is material placed above the pipe bedding and shall meet specifications for Class 1 structural backfill material of Subsection 703.08 “Structural Backfill Material,” of the CDOT Standard Specifications for Road and Bridge Construction (2017), or shall be flowable fill as specified in Subsection 9.02(B)(6) of these Standards. (5) Groundwater Barrier Material: Groundwater barrier material shall be flowable fill or meet AASHTO soil classification SC or CL, free from stones, organic material or debris. (6) Flowable Fill: Flowable fill, meeting the standards outlined in Table 9-2, “Flowable Fill Requirements,” shall be used for trench backfill or for groundwater barriers. (7) Flashfill: Use of Flashfill is permitted as an alternative material for trench backfilling, consistent with Subsection 206.03 of the CDOT Standard Specifications for Road and Bridge Construction (2023), as may be amended from time to time. Table 9-2: Flowable Fill Requirements Ingredients Lbs./C.Y. Kg/m3 Cement 50 30 Coarse Aggregate (AASHTO No. 57 or 67) 1,700 1,009 Fine Aggregate (AASHTO M 6) 1,845 1,095 Water (39 gallons) (147L) 325 (or as needed) 193 (or as needed) (a) Enough water shall be used so that the flowable fill flows into place properly without excessive segregation. Approximately 39 gallons of water per cubic yard (193 liters per cubic meter) of flowable fill is normally needed. Additional water shall not be added to the mixture at the project site. (b) The contractor may use aggregate that does not meet the specifications in Table 9-2, “Flowable Fill Requirements,” if the cement is increased to 100 pounds per cubic yard (60 kilograms per cubic meter) and the aggregate conforms to following gradation: Sieve Size or Designation Percent Passing 1 inch (25.0 mm) 100% No. 200 0-10% (c) The contractor may make the following substitutions in the flowable fill mix: (i) Thirty pounds per cubic yard (18 kilograms per cubic meter) of cement and 30 pounds per cubic yard (18 kilograms per cubic meter) of fly ash for 50 pounds per cubic yard (30 kilograms per cubic meter) of cement, or Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 39 Packet Page 412 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-4 (ii) Sixty pounds per cubic yard (36 kilograms per cubic meter) of cement and 60 pounds per cubic yard (36 kilograms per cubic meter) of fly ash for 100 pounds per cubic yard (60 kilograms per cubic meter) of cement. (d) The City reserves the right to review the use of recycled broken glass (glass cullet) as part or all of the aggregate. (e) Compaction of flowable fill shall not be required (f) The maximum layer thickness for flowable fill shall be 3-feet. Additional layers shall not be placed until the flowable fill has lost sufficient moisture to be walked on without indenting more than 2-inches. Any damage resulting from placing flowable fill in layers that are too thick or from not allowing sufficient time between placement of layers shall be repaired at the Contractor’s expense. (78) Rock Backfill Material: Rock backfill material shall be an imported graded material that meets either the 57/67 size requirements of ASTM C33 or the requirements for stabilization material specified in Subsection 9.02(B)(3) of these Standards. (C) Execution (1) Site Preparation (a) All sites to be occupied by permanent construction shall be cleared of all logs, trees, roots, brush, tree trimmings, and other objectionable materials and debris. All stumps shall be grubbed. All waste materials shall be removed from the site and properly disposed. (b) In natural areas where excavation will occur all topsoil shall be stripped or, in the absence of topsoil, the top 6 inches of surface material shall be stripped and stored separately from other excavated materials. (c) For concrete walks, roadways, parking areas, and road crossings existing pavement shall be cut full depth to a true line before excavation. For Portland Cement pavements, cuts shall be made at existing joints. (2) Classification of Excavated Materials: Excavated materials shall not be classified. Excavation and trenching work shall include the removal and subsequent handling of all materials excavated or otherwise removed in performance of the work, regardless of the type, character, composition, or condition thereof. (3) Unauthorized Excavation: Undermining or tunneling under walls, footings, slabs on grade, foundations, sidewalks, concrete or bituminous asphalt pavements, or any other surface or subsurface facilities or structures shall not be permitted unless authorized by the Director. If unauthorized tunneling or undermining occurs, the contractor shall pay for all repairs and restorations the Director deems necessary. The repairs and restorations may include removing and replacing part or all of the affected facility or structure. (4) Stabilization of Subgrades (a) Subgrades for concrete structures and trench bottoms shall be firm, dense, thoroughly compacted and consolidated, and free from mud and muck. (b) Subgrades for concrete structures or trench bottoms that are otherwise solid, but become mucky on top due to construction operations, shall be reinforced with crushed rock or gravel meeting the requirements for stabilization material, described in Subsection 9.02(B)(3) of these Standards and approved by the Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 40 Packet Page 413 of 903 9-5 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD Director. (c) Stabilization material shall be spread and compacted to a depth of not more than 4 inches. However, if the required depth exceeds 4 inches, the subgrade for concrete structures or trench bottom shall be re-excavated and all mud and muck removed and replaced with stabilization material, as required by Subsection 9.02(B)(3) of these Standards and approved by the Director. (d) This material shall be placed, and compacted, as prescribed in these Standards. The finished elevation of stabilized subgrades shall not be above subgrade elevations indicated on the drawings. (5) Blasting: Blasting or other use of explosives for excavation will not be permitted. (6) Shoring (a) All excavations shall be properly shored and braced to meet federal, state and local laws governing safe working conditions. The shoring shall be arranged so that no stress is placed on any portion of the completed work until the general construction thereof has proceeded far enough to provide ample strength. (b) Shoring shall be removed as the work progresses. Trench sheeting shall not be pulled before backfilling unless the pipe strength is sufficient to carry trench loads based on trench width to the back of sheeting, nor shall sheeting be pulled after backfilling. (c) Where trench sheeting is left in place, such sheeting shall not be braced against the pipe but shall be supported in a manner that will preclude concentrated loads or horizontal thrusts on the pipe. Cross braces installed above the pipe to support sheeting may be removed after pipe embedment has been completed. (d) The contractor shall pay to repair any damage to pipes or structures resulting from missing, failed or improper shoring, sheeting, or bracing or any negligence on the part of the contractor. (7) Water Control and Dewatering (a) Dewatering equipment shall be provided to remove and dispose of all surface water and groundwater entering excavations, trenches, or other parts of the work. Each excavation shall be kept dry during subgrade preparation and until the structure to be built or the pipe to be installed is completed to the extent that no damage from hydrostatic pressure, flotation, or other cause will result. (b) All excavations for concrete structures or trenches that extend down to or below the groundwater table shall be dewatered by lowering and keeping the groundwater level 12 inches or more below the bottom of the excavation. (c) Surface water shall be diverted or otherwise prevented from entering the excavated areas or trenches to the greatest extent practicable without causing damage to adjacent property. (d) The contractor shall be responsible for the condition of any pipe or conduit used for drainage purposes. All such pipe or conduit shall be left clean and free of sediment. (8) Trench Excavation: Trenches shall be excavated so that pipes can be laid according to the profiles, grades, elevations, and minimum cover shown on the drawings or specified in these Standards. Trench subgrades shall be clean and free of loose material of any Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 41 Packet Page 414 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-6 kind. (a) Excavation in Streets and Other Paved Surfaces: Excavations in streets with asphalt paving must be confined to the minimum width required to maintain a safe trench condition. The contractor shall pay for replacing any pavement damage resulting from their construction work. The Director will determine the limits of the damaged pavement needing replacement. (b) Minimum Cover: Where pipe grades or elevations are not definitely fixed by the approved plans, trenches shall be excavated to a depth sufficient to provide a minimum depth of backfill cover over the top of the pipe as follows: (i) Water lines require at least 4.5 feet of cover; (ii) Sanitary sewers require at least 3 feet of cover; and (iii) Storm sewers require at least 1.5 feet of cover. (c) Trench Widths (i) Trench widths shall be as shown below where the maximum trench width is measured at the top of the pipe barrel: Pipe Diameter Inches Maximum Trench Inches Pipe Diameter Inches Maximum Trench Inches 4 24 24 48 6 26 27 52 8 28 30 56 10 30 33 60 12 34 36 68 14 36 39 72 15 37 42 76 16 38 48 82 18 40 54 90 20 42 72 110 21 44 (ii) If the stated maximum trench widths are exceeded, and if the Director determines that the combined dead- and live-loads will exceed the design loadings on the pipe, the Director may require the contractor to either cradle the pipe in concrete or use a pipe of a stronger class. Remedial measures shall be entirely at the contractor’s expense. (iii) As illustrated on Drawing No. 4.03 in Chapter 11, “Technical Drawings,” of these Standards, the pipe trench shall be excavated to a depth below the bottom of the pipe, backfilled with the specified granular bedding material, and compacted to the requirements of these Standards. (iv) Narrow Trenching Widths shall be 1 to 3 inches but no more than 1 inch greater than conduit size. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 42 Packet Page 415 of 903 9-7 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (d) Trench Walls (i) The contractor may slope or bench trench sidewalls in areas where an increased trench width will not interfere with surface features or other utilities. Such sloping or benching shall terminate at least 1 foot above the top of the pipe barrel; from that point down, the trench wall shall be vertical. (ii) The trenching operation, including the spoil bank and the sloping of trench sidewalls, shall be confined to the width of any permanent and temporary rights-of-way or easements. (iii) A sufficient clear area shall be maintained away from the top edge of the excavation to avoid overloading that may cause slides or caving of the trench walls. The excavated material shall be kept trimmed to avoid inconveniencing the public and adjoining property owners. Unless otherwise authorized by the Director, all public thoroughfares and crossroads shall be kept open to traffic. When required by the Director, the contractor shall, at their own expense, provide open-cut bridging at street crossings, sidewalks, and other necessary points to prevent serious travel interruptions and to provide access to fire hydrants and public and private premises. (e) Trench Preparation (i) The trench shall be excavated only so far in advance of pipe laying as permitted by the Director. Trench preparation shall also conform to the details shown on the drawings in Chapter 11, “Technical Drawings,” of these Standards. (ii) Bell holes in the trench bottom shall be provided at each joint to permit the jointing to be made properly and to prevent the pipe from bearing on the pipe bells. (iii) After excavation, the trench bottom shall be uniformly graded and hand- shaped so that the pipe barrel (exclusive of the joint) will have uniform and continuous bearing on thoroughly compacted pipe bedding material throughout the length of the pipe. (iv) The trench grade shall permit the pipe spigot to be accurately centered in the preceding laid pipe joint, without lifting the pipe above the grade and without exceeding the permissible joint deflection. If raising the pipe subgrade is necessary, and approved by the Director, compacted bedding material may be used at the contractor’s expense. (f) Excavation Material: Excess excavated material shall be removed from the construction site and disposed of by the contractor. (g) Rock Excavation: In the event of rock excavation, the bottom of the trench shall be lowered so that the bottom of the trench is 6 inches below the outside surface of the pipe. The space between the rock and the pipe shall be filled with granular bedding material. During its placement, the bedding material shall be shaped to provide support along the full length of pipe. (9) Installation of Pipe Bedding (a) Pipe bedding material shall consist of the material as specified in Subsection Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 43 Packet Page 416 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-8 9.02(B)(2) of these Standards. Bedding material shall be placed to provide the grade and elevation specified on the approved plans. (b) After bedding material has been placed and approved, and after the pipe has been installed and approved, the additional granular bedding material shall be installed to an elevation 12 inches above the top of the pipe. (10) Installation of Trench Backfill (a) Backfilling during freezing weather shall not be performed, except by permission of the Director. No backfill shall be installed on frozen surfaces, nor shall frozen materials, snow, or ice be placed in any backfill. (b) Unless accurate results cannot be obtained, the compaction requirements shall conform to maximum dry density according to ASTM D698, Moisture- Density Relations of Soils (Standard Proctor). When the ASTM D698 test is not applicable, the percentage compaction requirements shall conform to ASTM D2049 Test for Relative Density of Cohesionless Soils. (c) When required by the Director, the contractor shall excavate backfilled trenches for purposes of performing compaction tests at locations and depths determined by the Director. The contractor shall be responsible for reinstalling and recompacting the test excavations. (d) All backfill above the bedding material shall be carefully placed and compacted. Except for the backfill requirements as set forth under Section 8-5-12, “Standards for Repairs and Restoration of Pavement or Sidewalks,” B.R.C. 1981, approved backfill material shall be placed in loose lifts, not exceeding 8 inches thick, and shall be compacted by equipment and means approved by the Director. If the contractor wishes to use equipment and means other than what was approved for the project by the Director, the contractor shall submit, in writing, a request for approval of the proposed equipment and means to the Director for review and approval. Any approval by the Director, of an alternate method of compaction shall not relieve the contractor from providing a finished product that meets or exceeds all the intents and requirements of the approved plans and these Standards. (e) All backfill shall be compacted to 95 percent of maximum laboratory dry density or 70 percent relative density. The material shall be within 2 percent of optimum moisture content. (f) A loose layer of backfill material not more than 8 inches deep may be placed over concrete arch encasement or concrete reaction blocking after the concrete has reached its initial set, to aid curing. No additional backfill shall be placed over arch encasement or blocking until the concrete has been in place for at least 3 days. (g) Backfill material for Narrow Trenching shall be flowable fill per subsection (B) or Table 9-2 of this section. (11) Structural Excavation and Backfill (a) All structural excavations shall provide adequate working space and clearances for the work to be performed therein and for installation and removal of concrete forms. In no case shall excavation faces be undercut for extended footings. (b) The quality and moisture content of materials for backfill around and outside of Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 44 Packet Page 417 of 903 9-9 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD structures shall conform to the requirements for materials used for earthfills and embankments. Backfill materials shall be placed in loose lifts, not to exceed 8 inches in thickness, and shall be compacted to at least 95 percent of maximum dry density at optimum moisture content as determined by ASTM D698. Compaction of structure backfill by rolling will be permitted, provided the desired compaction is obtained and damage to the structure is prevented. Compaction of structure backfill by inundation with water will not be permitted. (c) No backfill shall be deposited or compacted in water. (d) Particular care shall be taken to compact structure backfill that will be beneath pipes, drives, roads, parking areas, walks, curbs, gutters, or other surface construction or structures. In addition, wherever a trench is to pass through structure backfill, the structure backfill shall be placed and compacted to an elevation not less that 12 inches above the top of pipe elevation before the trench is excavated. Compacted areas, in each case, shall be adequate to support the item to be constructed or placed thereon. (12) Restoration (a) Streets and Roadways: Any pavements disturbed during construction shall be repaired in accordance with the requirements as set forth in Section 8-5-12, “Standards for Repairs and Restoration of Pavement or Sidewalks,” B.R.C. 1981. All dirt and debris, including dust shall be removed from streets and paved surfaces within 3 days of the restoration of streets and paved surfaces. Initial removal of dirt and debris shall be made using a vacuum sweeper, after which the paved surfaces shall be cleaned using water hoses. (i) Restoration associated with Narrow Trenching in roadways: Narrow trenching within asphalt roadway shall backfill using flowable fill and allow for 1’’ minimum to 6’’ maximum depth of Mastic One material to restore surface, where patch must be cleaned, material flush with existing asphalt pavement grade and top coated with black colored surface aggregate material per CDOT specs 703.05 – Aggregate for Cover Coat Material, for the purpose of surface grip. Narrow trenching within concrete paved roadways shall not be permitted unless otherwise approved by the director. Mastic One, or equivalent material, shall be listed on the CDOT approved products list. (ii) Restoration associated with Narrow Trenching in Bike Lanes: Asphalt pavement within a designated bike lane shall be completed within 10 calendar days of backfilling and include, flowable fill, Mastic One, mill & overlay the full width of the bike lane, or from center of roadway to edge of concrete lip line. If trench abuts curb & gutter concrete lip line and the bike lane is greater than 3 feet wide, measured from edge of striping to edge of concrete lip edge, mill & overlay is not required, unless otherwise directed by the city. Pavement cuts for lateral tie-in’s that extend beyond the width of the parallel trench require full width restoration of the bike lane. (iii) Restorations associated with Underground Utility Potholing: All potholes must be filled with flowable-fill within 10 calendar days per mix design outlined in Table 9-2 of these standards and use of a concrete vibrator is required at time of flowable-fill backfilling operations. All surface Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 45 Packet Page 418 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-10 restorations within concrete must be restored with approved concrete mix. All surface restorations within asphalt must be restored using hot- mix asphalt. Temporary and Final restored surfaces must remain flush with adjacent roadway grade at all times. Any utility potholes that are found failing, and are still within the warranty period, must be restored by the contractor within the timeline the city determines necessary for the safety & security of the public. (iv) Any street markings or striping removed, damaged or impacted, must be restored within 14 days, 10 for bike lanes, using approved materials. (b) Fencing and Culverts: Restore all existing structures to conditions equal to or exceeding existing structures. (c) Landscape (i) After other outside work has been finished, and backfilling and embankments completed and settled, all areas that are to be graded shall be brought to grade at the indicated elevations, slopes, and contours. All cuts, fills, embankments, and other areas that have been disturbed or damaged by construction operations shall be surfaced with topsoil to a depth of at least 4 inches. Topsoil shall be of a quality at least equal to the existing topsoil in adjacent areas, free from trash, stones, and debris, and well suited to support plant growth. (ii) Use of graders or other power equipment will be permitted for final grading and dressing of slopes, provided the result is uniform and equivalent to hand work. All surfaces shall be graded to secure effective drainage. Unless otherwise indicated, a slope of at least 1 percent shall be provided. (iii) Final grading and surfacing shall be smooth, even, and free from clods and stones larger than 1 inch in greatest dimension, weeds, brush, and other debris. (iv) The top portion of backfill beneath established lawn areas shall be finished with at least 12 inches of topsoil corresponding to, or better than, that underlying adjoining lawn areas. (v) The Director will clarify restoration of other minor items as construction proceeds. Such items must be restored to equal or exceed existing conditions. (13) Cleanup: The contractor shall maintain a clean site at all times. Prior to final inspection and acceptance, the contractor shall remove all rubbish and excess materials and leave the area in a neat, satisfactory condition. (14) Maintenance of Backfill: All backfill shall be maintained in a satisfactory condition and all places showing signs of settlement shall be filled and maintained for a period of 2 years following the date of final acceptance of all work. When the contractor discovers or is notified by the City that any backfill is not in compliance with City standards, the contractor shall correct such conditions. Any utilities and road surfacing damaged by such settlement shall be repaired by the contractor to the satisfaction of the City. In addition, the contractor shall be responsible for the cost of all claims for damages due to settlement of backfilled areas. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 46 Packet Page 419 of 903 9-11 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD 9.03 Ductile Iron Pipe (DIP) (A) General (1) Scope: This section describes the furnishing and installation of ductile iron pipe and appurtenances for potable water mains, water services and fire lines in the pipe diameter size range of 4 inches to 30 inches. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) Ductile Iron Pipe (a) Unless revised on the approved drawings, the ductile-iron pipe shall conform to ANSI A21.51, AWWA C151, Class 52 thickness. The interior of each length of pipe shall have a cement-mortar lining, conforming to the requirements set forth in ANSI A21.4, AWWA C104, of standard thickness. The exterior of the pipe shall be coated with standard coating approximately 1 mil thick. (b) Unless otherwise specified, the pipe joint shall be the “push-on” type, made in accordance with ANSI A21.11, AWWA C111, and the gaskets shall be standard for buried water service and as provided by the pipe manufacturer. (2) Polyethylene Wrap (a) All ductile iron pipeline and fittings shall be wrapped in polyethylene film in accordance with the requirements of ANSI A21.5, AWWA C105 and in accordance with all recommendations and practices of the AWWA M4 l, Manual of Water Supply Practices - Ductile Iron Pipe and Fittings. (b) The polyethylene wrap shall be overlapped 1 foot in each direction at all connections. (c) The polyethylene wrap shall consist of three layers of co-extruded linear low- density polyethylene (LLD PE), fused into a single thickness of not less than 8 mils. (d) The inside surface of the polyethylene wrap to be in contact with the pipe exterior can be infused with a blend of anti-microbial biocide to mitigate microbiologically influenced corrosion and a volatile corrosion inhibitor to control galvanic corrosion. (e) Tube Size or Sheet Width: Table 9-3, “Tube Size and Sheet Width for Pipe Diameter,” shows the tube size or sheet width for each pipe diameter. Table 9-3: Tube Size and Sheet Width for Pipe Diameter Nominal Pipe Diameter (Inches) Flat Tube (Inches) Minimum Sheet Width (Inches) 4” 16” 32” 6” 20” 40” 8” 24” 48” Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 47 Packet Page 420 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-12 10” 27” 54” 12” 30” 60” 14” 34” 68” 16” 37” 74” 18” 41” 82” 20” 45” 90” 24” 54” 108” (C) Thrust Restraint Where designated by the Engineer with expertise in thrust restraint systems, or where existing conditions do not permit the use of concrete thrust blocks, individual joint restraint systems shall be provided as follows: (1) Alternative A: Full length tie rods between joints. “Star” systems fabricated from “Cor- Ten” steel or an equivalent according to the requirements of ASTM A-242 with a minimum yield stress of 46,000 psi. The number and diameter of tie rods shall be as shown on the detail drawings. (2) Alternative B: Pacific States Lock Mechanical Joint with Tyton Joint Core, or equivalent fittings with ductile iron joint restraint features conforming to ANSI Standard A21.10. Push-on joints for such fittings shall be in accordance with AWWA Standard A121.11. Assembly of the joint portion of the product shall be in accordance with AWWA C600- 77 (3) Alternative C (a) Follower gland type systems may be used for 12-inch diameter pipe and smaller. Pipe clamps shall be fabricated from “Cor-Ten” steel or an equivalent according to the requirements of ASTM A-242 with a minimum yield stress of 46,000 psi. The number and diameter of tie rods shall be as shown on the detail drawings. The follower gland shall be manufactured of ductile iron conforming to ASTM A536. Dimensions of the gland shall be such that it can be used with the standardized mechanical joint bell and tee head bolts conforming to AWWA C111 and C153. (b) The restraint mechanism shall consist of numerous individually activated gripping surfaces to maximize restraint capability. Twist-off nuts, sized the same as tee head bolts, shall be used to ensure proper actuating of restraining devices. When the nut is sheared off, a standard hex nut shall remain. The device shall have a working pressure of at least 200-psi with a minimum safety factor of 2:1. (c) Follower gland joint restraint devices shall be of the type listed below: (i) “EBAA Iron, Inc.,” Megalug 1100 Series (4 -12 inches) (ii) “Uniflange,”1400 Series (4 -12 inches) Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 48 Packet Page 421 of 903 9-13 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (D) Connections to the Existing System (1) System Operation: Operation of the existing system must at all times remain under the control of the Director. The contractor shall operate no valves or hydrants on the system without permission from the Director. (2) Connections: All points at which the existing water systems are to be disconnected and connected to the new mains must be shown on the approved drawings. (3) Utility Service Interruptions: The contractor shall take all precautions necessary to minimize interruption of all utility services and will be responsible for the restoration of the affected service. The contractor shall schedule existing valve locates with the Director at least 3 days before scheduling a shutoff. (4) Customer Notification: Unless otherwise specified, at any time a customer on the existing system will be deprived of a supply of water, the contractor shall advise such customer in writing 24 hours in advance of when the supply will be disconnected and reestablished. (E) Execution (1) Installation of Ductile Iron Pipe: Except as specified herein or unless specifically authorized by the Director, all installation of pipe shall conform to the recommendations contained in “Installation Guide for Ductile Iron Pipe,” published by the Ductile Iron Pipe Research Association. The contractor shall assure that a copy is available at the job site. (a) Pipe Laying (i) Pipe shall be laid with bell ends facing in the direction of laying, unless directed otherwise by the Director. Pipe shall be laid on the bedding with support over the full length of the pipe barrel. (ii) Table 9-4, “Ductile Iron Pipe Deflection,” shows the maximum allowable pipe joint deflections. (iii) The information in the columns referring to the deflection and the approximate radii shall be adjusted for pipe lengths different than 18-foot lengths. Shorter pipe lengths will be required if a shorter radius is called for on the approved construction plans. Double hubs may be used to lay pipelines on curved alignment. Table 9-4: Ductile-Iron Pipe Deflection Approximate Radius of Curve Produced by: Size of Pipe (Inches) Bend in One Joint (%) Deflection in One 18- Foot Length (Inches) Succession of 18-Foot Joints (Feet) 4 -12 4 15 250 14 - 24 2 7.5 510 (iv) Vertical deflections shall not exceed any of the above values. (v) When pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Director. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 49 Packet Page 422 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-14 (vi) The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or cement lining so as to leave a smooth end at right angles to the axis of the pipe. The flame cutting of pipe by means of an oxyacetylene torch will not be allowed. The pipe end shall be beveled and free of sharp edges that could damage the gasket during installation. (b) Mechanical Joints: Mechanical joints shall be installed per the manufacturer’s specifications and guidelines. (c) Push-On Joints: For push-on joints, the exterior 4 inches of the pipe at the spigot end and the inside of the adjoining bell and particularly the groove for the gasket shall be thoroughly cleaned to remove oil, grit, tar (other than standard coating), and other foreign matter. The proper gasket supplied with the pipe shall be placed in the bell in compliance with the manufacturer’s specifications and guidelines so it will spring into its proper place inside the pipe bell. A thin film of the pipe manufacturer’s joint lubricant shall be applied to the gasket over its entire exposed surface. The spigot end of the pipe shall then be wiped clean and inserted into the bell to contact the gasket by crowbar, or by jack and choker slings. The location of the gasket shall be checked with a gauge or tool designed for that purpose to assure that the gasket is in the proper position. (d) Installation of Polyethylene Wrap (i) All pipeline and fittings shall be wrapped in polyethylene film in accordance with the requirements of ANSI A21.5, AWWA C105 and in accordance with all recommendations and practices of the AWWA M4 l, Manual of Water Supply Practices -Ductile Iron Pipe and Fittings. (ii) The polyethylene wrap shall be overlapped 1 foot in each direction at all connections. (iii) The polyethylene wrap shall consist of three layers of co-extruded linear low-density polyethylene (LLD PE), fused into a single thickness of not less than 8 mils. (iv) The inside surface of the polyethylene wrap to be in contact with the pipe exterior can be infused with a blend of anti-microbial biocide to mitigate microbiologically influenced corrosion and a volatile corrosion inhibitor to control galvanic corrosion. (2) Installation of Thrust Restraint (a) Thrust blocks shall be poured between undisturbed solid ground and the fitting to be anchored. The area of bearing on the undisturbed trench wall shall be that shown on the thrust block detail or directed by the Director. The concrete shall be placed so that the pipe or fitting joints will be accessible for repair. A bond breaker shall be placed over the fitting before placing concrete. (b) Full length tie rods between joints with pipe clamps shall be assembled using clamps on each side of pipe bells with tie rods extending the full pipe length for the dimensions shown on the drawings each direction from the restrained fitting, valve or joint. Clamps shall be installed tight enough to prevent twisting around the pipe. A washer shall be used at each clamp and tie rods shall be located on each side of the pipe. The tie rod nut should first be hand tightened with a 12- Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 50 Packet Page 423 of 903 9-15 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD inch wrench (approximately 50 to 100 foot-pounds torque). Threaded tie rods shall extend two full threads past each nut in the final position. (c) Follower gland type joint restraint systems shall be assembled according to manufacturer’s instructions. (3) Testing: Testing of ductile iron pipe shall be as specified in Section 9.13, “Testing of Water Pipes,” of these Standards. (4) Backfilling and Restoring Surface Conditions: Surface conditions shall be backfilled and restored as specified in Section 9.02, “Excavation and Trenching,” of these Standards. (5) Disinfecting Potable Pipelines: Ductile iron pipe shall be disinfected as specified Section 9.12, “Disinfecting Waterlines,” of these Standards. 9.04 Polyvinyl Chloride (PVC) Pressure Pipe (A) General (1) Scope: This section describes the furnishing and installation of polyvinyl chloride (PVC) pressure pipe and appurtenances for potable water mains, water services and fire lines in the pipe diameter size range of 4 to 12 inches. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) PVC Pressure Pipe (a) All PVC pipe shall meet the requirements of AWWA C-900-16, Polyvinyl Chloride Pressure Pipe and Fabricated Fittings (4 – 12 inches) and shall be Pressure Class 305 psi (DR 14), or shall meet the requirements of AWWA C- 905-08, Polyvinyl Chloride Pressure Pipe and Fabricated Fittings (14 – 48 inches) and shall be Pressure Class 235 psi (DR 18). (b) All pipe shall be suitable for use as a pressure conduit. Provisions must be made for expansion and contraction at each joint with a rubber ring. The bell shall consist of an integral wall section with a solid cross-section rubber ring which meets the requirements of AWWA C-900-07. (c) Laying length of pipe shall be 20 feet for all sizes of pipe. (d) Each length of pipe shall bear the date manufactured, type, grade, length, manufacturer's name, and NSF seal of approval. (e) Pipe joints shall be made using an integral bell with an elastomeric gasket push- on type joint. (f) Solvent cement joints are prohibited. (g) The manufacturer shall furnish a certified statement that all specified tests and inspections have been made and the results thereof comply with the AWWA standards specified in this Subsection 9.04(B). A copy of the certification shall be sent to the City upon request. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 51 Packet Page 424 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-16 (2) Polyethylene Encasement (a) All pipeline fittings and appurtenances shall be encased in polyethylene film in accordance with the requirements of ANSI A21.5, AWWA C105. (b) The finished polyethylene film shall have a minimum nominal thickness of 0.008-inch (8 mil), and the minus tolerance on thickness shall not exceed 10 percent of the nominal thickness. The film shall have at least 1200-psi tensile strength of with an elongation of 300 percent minimum. The dielectric strength shall be at least 800 volts per mil thick. (3) Tracer Cable: Tracer wire shall be Type THHN, AWG size #12, UL listed with a single copper conductor, PVC insulation, and nylon jacket. Test stations at fire hydrants shall be CP Test Services, Glenn Series Glenn-4 with locking lid, 3½ x 4 inches, or approved equal. (C) Thrust Restraint (1) Required: All fittings and joints shall be restraint from movement due to hydraulic forces with concrete thrust blocks as shown in Chapter 11, “Technical Drawings,” of these Standards except where existing conditions or other practical difficulties do not permit the use of concrete thrust blocks. Where the applicant demonstrates to the satisfaction of the Director that existing conditions or other practical difficulties do not permit the use of concrete thrust blocks, individual restraint systems shall be provided meeting one of the following: (a) Alternative A - Full Length Threaded Tie Rods: Threaded rods shall be Type 316L stainless steel coated with an anti-galling compound. Connecting T-bolts and nuts shall be Type 316L stainless steel coated with an anti-galling compound or corrosion resistant fluorocarbon coating such as “NSS Industries” Cor-Blue or “Star Pipe Products” Core Blue. The number and diameter of tie rods shall be as shown on the approved plans. (b) Alternative B - Follower Gland Type Mechanical Joint Restraint Systems: Follower gland type mechanical joint restraint systems may be used only for 16- inch diameter and smaller pipe. Restraint rings shall be manufactured of ductile iron conforming to ASTM A536, Grade 65-45-12 with a factory applied fusion epoxy coating. The mechanical joint follower gland shall be incorporated into the restraint. Connecting T-bolts and nuts shall be as required in Alternative A. (c) Alternative C - Bolt-Through Positive Restraint Mechanisms: A bolt-through positive restraint mechanism may be used only for connecting 12-inch diameter and smaller mechanical joint valves and fittings. It shall not be used for pipe attachment or fire hydrant connections. Adaptor body shall be made of ductile iron, conforming to ASTM A536 80-55-06 with styrene butadiene rubber gaskets conforming to AWWA C111. Connecting T-bolts and nuts shall be as required in Alternative A. (2) Bell-And-Spigot Joints: Restraint devices for PVC pipe bell-and-spigot joints may be used, if approved by the Director, for sizes 4 to 16 inches. Devices shall be of ductile iron conforming to ASTM A536. Connecting T-bolts and rods as required in Alternative A. (3) Mechanical Joint Restraint Required: Mechanical joint restraint devices are required for the following installations: Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 52 Packet Page 425 of 903 9-17 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (a) Fire hydrants; (b) Fire line connections; (c) Three inch and larger domestic line connections; (d) Reducers; (e) Vertical and horizontal offsets (all angles); (f) Bends, line valves, and fittings; (g) Bulkheads and plugs; (h) Bored casing carrier pipe; and (i) When the bearing capacity of the soil is not sufficient to provide adequate restraint, as determined by the Director. (4) Mechanical Joint Restraint Design Requirements: The mechanical restraint mechanism shall consist of numerous individually activated gripping surfaces to maximize restraint capability; or a series of machined serrations designed to grip the entire pipe surface; or a system that is integral to the gasket. For twist-off nut-type designs, the nuts shall be sized the same as T- bolts and be used to insure proper actuating of restraining devices. When the nut head is sheared off, a standard hex nut shall remain. All devices shall have a working pressure of at least 200 psi with a minimum safety factor of 2:1. (5) Follower Gland Type Joint Restraints: Follower gland type joint restraint devices shall be of the type listed below: (a) “EBAA Iron” (i) Megalug 2000 Series for PVC (4 to 16 inches) (ii) Megalug 1600 Series for PVC (4 to 12 inches) Pipe Bell Joints (iii) Megalug 2800 Series for PVC (14 inches and larger) (b) “Star Pipe Products” (i) Domestic PVC Stargrip Series 4000 (4 to 12 inches) (ii) Domestic 1100C Bell Restrainers Series 1100 for PVC Pipe Bell Joints (c) “U.S. Pipe”: MJ FIELD LOK Gasket with MJ FIELD LOK Gland, Series for PVC (4 to 12 inches) (d) “Romac Industries”: PVC RomaGrip Series, fusion bonded polyester coating is required if using C909 PVC (6) Bolt-Through Mechanical Joint Restraints: Bolt-through mechanical joint restraint devices shall be of the type listed below: (a) “Infact Corporation”: Foster Adaptor (4 to12 inches) with fusion bonded epoxy coating. Standard foster adaptor accessory pak is required for restraining C153 compact fittings and valves (D) Connections to the Existing System (1) System Operation: Operation of the existing system must at all times remain under the control of the Director. The contractor shall operate no valves or hydrants on the system without permission from the Director. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 53 Packet Page 426 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-18 (2) Connections: All points at which the existing water systems are to be disconnected and connected to the new mains must be shown on the approved construction plans. (3) Utility Service Interruptions: The contractor shall take all precautions necessary to minimize interruption of all utility services and will be responsible for the restoration of the effected service. The contractor shall schedule existing valve locates with the Director at least 3 days before scheduling a shutoff. (4) Customer Notification: Unless otherwise specified, at any time a customer on the existing system will be deprived of a supply of water, the owner-developer-contractor shall advise such customer in writing 24 hours in advance of when the supply will be disconnected and when the supply will again be available. (E) Execution (1) Installation of PVC Pressure Pipe: Unless specifically authorized by the Director, all pipe shall be installed as follows: (a) Pipe Laying (i) Pipe shall be laid with bell ends facing in the direction of laying. No deflection in the joints shall be allowed. Whenever it is necessary to deflect pipe from a straight line, either in the vertical or horizontal plane, to avoid obstructions or to plumb valve operators, the pipe itself may be uniformly curved as shown in Table 9-5, “Pipe Laying.” Table 9-5: Pipe Laying Approximate Pipe Size (Inches) Offset in 20-Foot Length (Inches) Radius of Curve (Feet) 4” 15” 120’ 6” 15” 160’ 8” 15” 250’ 10” 15” 300’ 12” 15” 400’ (ii) Pipe deflection for curvature shall not be permitted at temperatures less than 32o F ambient temperature. (iii) When pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Director. (iv) The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe so as to leave a smooth end at right angles to the axis of the pipe. Bevel the end of the pipe with a beveling tool after the pipe is field cut. Place a clearly visible position mark at the correct distance from the end of the field cut pipe. (v) Tracer wire shall be attached to the pipe as shown in Chapter 11, “Technical Drawings,” of these Standards. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 54 Packet Page 427 of 903 9-19 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (b) Mechanical Joints: Mechanical joints shall be installed per the manufacturer’s specifications and guidelines. (c) Push-On Joints: For push-on joints, the exterior 4 inches of the pipe at the spigot end and the inside of the adjoining bell and particularly the groove for the gasket shall be thoroughly cleaned to remove oil, grit, tar (other than standard coating), and other foreign matter. A thin film of the pipe manufacturer’s joint lubricant shall be applied to the gasket over its entire exposed surface. The spigot end of the pipe shall then be wiped clean and inserted into the bell to contact the gasket by crowbar, or by jack and choker slings. The location of the gasket shall be checked with a gauge or tool designed for that purpose to assure that the gasket is in the proper position. Position the completed joint so that the joint mark on the pipe end is in line with the end of the bell. (2) Installation of Thrust Restraint (a) Thrust blocks shall be poured between undisturbed solid ground and the fitting to be anchored. The area of bearing on the undisturbed trench wall shall be that shown on the thrust block detail or directed by the Director. The concrete shall be placed so that the pipe or fitting joints will be accessible for repair. A bond breaker shall be placed over the fitting before placing concrete. (b) Full length tie rods between joints with pipe clamps shall be assembled using clamps on each side of pipe bells with tie rods extending the full pipe length for the dimensions shown on the drawings each direction from the restrained fitting, valve or joint. Clamps shall be installed tight enough to prevent twisting around the pipe. A washer shall be used at each clamp and tie rods shall be located on each side of the pipe. The tie rod nut should first be hand tightened with a 12- inch wrench (approximately 50-100 foot-pounds torque). Threaded tie rods shall extend two full threads past each nut in the final position. (c) Follower gland type joint restraint systems shall be assembled according to manufacturer’s instructions. (3) Installation of Tracer Cable: Tracer wire shall be spirally wrapped around the pipe exterior, 2 wraps minimum per 20-feet of pipe, as it is installed in the trench or taped to the top of the pipe. Splices due to breaks in wire continuity shall be made by stripping insulation coating from each wire with wire stripper pliers. Wires shall be joined with a solderless connector, 3M Direct Bury Splice Kit or equivalent in suitability, strength, effectiveness, and durability as approved by the Director. The join shall be made in accordance with manufacturer instructions. The solderless connector shall be covered with Emmerson Electric Seal-A-Conn II putty or approved equal. The wire shall form a continuous electrical circuit between any 2 contact points on the new pipeline, including branch lines and fire hydrant laterals. Wire shall be stubbed out to the point where the new pipe connects to the existing main unless otherwise directed by the Director. Where the wire terminates at a point where there is not an installed wire, the ends of the wire shall be stripped bare a minimum of 18-inches and grounded into the native soil material. Special care should be taken to avoid contact from the tracer wire to steel gas service lines. (4) Testing: Testing of PVC pressure pipe shall be as specified in Section 9.13, “Testing of Water Pipes,” of these Standards. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 55 Packet Page 428 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-20 (5) Backfilling and Restoring Surface Conditions: Shall be as specified in Section 9.02, “Excavation and Trenching,” of these Standards. (6) Disinfecting Potable Pipelines: PVC pressure pipe shall be disinfected as specified Section 9.12, “Disinfecting Waterlines,” of these Standards. 9.05 Water Services (A) General (1) Scope: This section describes the furnishing and installation of water services and fire lines in the pipe diameter size range of 3/4 to 2 inches. For water services and fire lines greater than 2 inches in diameter refer to Section 9.03, “Ductile Iron Pipe,” Section 9.04, “Polyvinyl Chloride (PVC) Pressure Pipe,” Section 9.06, “Gate Valves,” and Section 9.08, “Tapping Sleeves and Valves,” of these Standards. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) Pipe: Pipe shall be Type K copper, soft drawn, in accordance with ASTM B88. (2) Curb Stops: All curb stops shall be manufactured in accordance with AWWA C800-05, Underground Service Line Valves and Fittings, and shall be constructed of brass in accordance with ASTM-B62 (common trade name 85-5-5-5). Curb stop valves shall be ball type with a maximum working pressure of 300 psi and shall have compression fittings. (3) Corporation Stops (a) All corporation stops and threaded brass fittings shall be manufactured in accordance with AWWA C800-05, Underground Service Line Valves and Fittings, and shall be constructed of brass in accordance with ASTM-B62 (common trade name 85-5-5-5). All corporation stops shall be tested at the factory and shall meet the following minimum physical requirements: (i) Tensile strength 30,000 PSI minimum. (ii) Yield Strength 14,000 PSI minimum. (iii) Elongation in 2 inches 20 percent minimum. (b) Corporation stops shall be ball valve type designed for a maximum working pressure of 300 psi. The inlet side shall have AWWA taper thread (CC thread) and the outlet side shall have a compression fitting. (c) Corporation stops shall be the following type or a corporation stop approved by the Director as equivalent in design and composition to the following types: (i) Ford – FB1000-3-NLG. (ii) Mcdonald – 74701BQ No lead brass. (iii) Mueller – B25008N. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 56 Packet Page 429 of 903 9-21 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (4) Water Meters (a) General: All water meter installations shall be in accordance with the following standards and the drawings in Chapter 11, “Technical Drawings,” of these Standards for all water services: (i) All meters shall be “Badger” meters. (ii) No connections shall be made in the meter pit other than those related to the meter and bypass. Sprinkler system or backflow preventer connections shall be made no closer than 5 feet from the meter pit or vault on the downstream side of the meter. (iii) The city will own and maintain the service line and fittings up to and including the meter. (iv) Residential 3/4-inch meters with transponders shall be provided and installed by the City upon the contractor’s request for a final meter inspection. All other meters and associated transponders shall be purchased by the contractor and then provided to the City for testing prior to installation. (v) The contractor shall contact the City's Meter Shop prior to purchasing meters and transponders to verify the type of meter that will be required. The contractor shall also contact the City's Meter Shop to make an appointment for delivery of the meter(s) to the City for testing. The location of installation and manufacturer’s information shall accompany the meter when delivered by the contractor to the City. The meter will be tested and a schedule set for picking up the meter within two working days by the contractor. (b) 3/4-Inch and 1-Inch Meter Installations: 3/4-inch and 1-inch meter sets shall be installed in accordance with the following standards and the drawings in Chapter 11, “Technical Drawings,” of these Standards: (i) The meter shall be installed within right-of-way or a public easement. (ii) No meter shall be set in a street, sidewalk, driveway alignment, or other traffic or concrete area except where existing conditions or other regulatory requirements prevent installation consistent with this requirement. Where existing conditions or other regulatory requirements prevent installation consistent with this requirement, the Director may approve an alternative design that minimizes the impact of meter maintenance and replacement activities on adjacent structures, infrastructure, and paved surfaces. (iii) In attached sidewalk areas, the meter shall be located a minimum of 18 inches from the back of the sidewalk to the edge of the meter lid. (iv) Where no sidewalk exists, the meter shall be located a maximum of 6 feet behind the back edge of the curb. (v) In detached sidewalk areas, the meter shall be located a maximum of 6 feet behind the back edge of curb but no closer than 18 inches from the front edge of the sidewalk to the edge of the meter lid. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 57 Packet Page 430 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-22 (vi) The dome or meter lid shall be level and 2 inches above the approved final grade. (vii) The copper setter shall be a minimum of 15 inches and a maximum of 17 inches below the meter pit lid. (viii) Meter pits shall be constructed of modified hi-density polyethylene. The size shall be as specified in the detail drawing in the appendix of this Chapter. Grade adjustment shall be made at the top of the pit using concrete rings. The trench floor under the concrete rings shall be compacted earth. The concrete pit shall not bear on the service pipe. (ix) Lids shall be a 12-inch cast iron lid and bonnet and shall have a 2-inch diameter hole in the center to accommodate the transponder. (x) Final inspections of the meter pit will be made at the time the meter is set. The permit applicant is responsible for any required adjustments to the copper setter or meter lid at that time. (c) 1-1/2-Inch and 2-Inch Meter Installations: 1-1/2 -inch and 2-inch meter sets shall be installed in accordance with the following standards and the drawings in Chapter 11, “Technical Drawings,” of these Standards: (i) The meter model shall be Badger E112 SS 1 ½ Model 120 or Badger E2 SS 2 Model 170. (ii) 1-1/2-inch and 2-inch meters shall be installed in a manhole. (iii) A meter manhole shall be installed within the right-of-way or a public utility easement. (iv) No meter manhole shall be set in a street, sidewalk, driveway alignment, or other traffic or concrete area except where existing conditions or other regulatory requirements prevent installation consistent with this requirement. Where existing conditions or other regulatory requirements prevent installation consistent with this requirement, the Director may approve an alternative design that minimizes the impact of meter maintenance and replacement activities on adjacent structures, infrastructure, and paved surfaces. If the meter manhole is approved for construction in streets or other traffic areas the manhole shall use a 24- inch cast iron ring and cover and shall be designed to accommodate and protect the transponder. (v) In attached sidewalk areas, the meter manhole shall be located a minimum of 3 feet behind the sidewalk and in no case shall the manhole be located more than 25 feet from the back edge of curb. (vi) Where no sidewalk exists, the meter manhole shall be located a maximum of 6 feet behind the back of curb. (vii) In detached sidewalk areas, the meter manhole shall be located a maximum of 6 feet behind the back edge of curb but no closer than 18 inches from the front edge of the sidewalk to the edge of the meter lid. (viii) Meter manhole lids shall be a maximum of 2 inches above the approved final grade. (ix) A curb stop is required on the service line behind the back of curb and outside of the manhole. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 58 Packet Page 431 of 903 9-23 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (x) Meter manholes shall use a 24-inch aluminum ring and cover, and the outside of the aluminum ring shall have 8 mils of tar applied. Once the tar is set, a 12-inch wide by 6-inch-thick concrete collar shall be placed around the manhole ring. (xi) The manhole cover shall have a 2-inch diameter recessed hole in the center of the cover for the transponder, and the cover shall have the lettering “Water Meter” cast into the lid. (d) 3-Inch and Larger Meter Installations: 3-inch and larger meter sets shall be installed in accordance with the following standards and the drawings in Chapter 11, “Technical Drawings,” of these Standards: (i) 3-inch and larger meters shall be installed in a vault. (ii) The entry hole through the roof of the vault shall be aligned perpendicular to the service line and adjacent to the water meter. (iii) Vaults shall be sealed at all joints and made watertight. (iv) Meter vault lids shall be a maximum of 2 inches above the approved final grade. (v) In attached sidewalk areas, the meter vault shall be located a minimum of 5 feet behind sidewalk or back of curb and no more than 25 feet from the back of curb. (vi) Where no sidewalk exists, the meter shall be located a maximum of 6 feet behind the back of curb. (vii) In detached sidewalk areas, the meter shall be located a maximum of 6 feet behind the back edge of curb but no closer than 18 inches from the front edge of the sidewalk to the edge of the meter lid. (viii) A curb stop is required on the service line behind the back of curb and outside of the vault. (ix) The meter vault shall be installed within the right-of-way or a public utility easement. (x) No meter manhole shall be set in a street, sidewalk, driveway alignment, or other traffic or concrete area except where existing conditions or other regulatory requirements prevent installation consistent with this requirement. Where existing conditions or other regulatory requirements prevent installation consistent with this requirement, the Director may approve an alternative design that minimizes the impact of meter maintenance and replacement activities on adjacent structures, infrastructure, and paved surfaces. If the meter manhole is approved for construction in streets or other traffic areas the manhole shall use a 24- inch cast iron ring and cover and shall be designed to accommodate and protect the transponder. (xi) Meter vaults shall use a 24-inch aluminum cover and shall have the lettering “Water Meter” cast into the lid. (xii) A 24-inch x 36-inch aluminum cover adaptor and ring shall be used to enlarge the access opening, and the adaptor shall have a 2-inch diameter hole for the transponder. The outside of the aluminum ring shall have 8 Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 59 Packet Page 432 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-24 mils of tar applied. Once the tar is set, a 12-inch wide by 6-inch-thick concrete collar shall be placed around the manhole ring. (xiii) PVC pressure pipe shall be used on the service line outside the vault except where the PVC pipe stubs through the vault walls. Ductile iron pipe shall be used inside the vault. (xiv) For all 3-inch and 4-inch meter settings, 4-inch service pipe will be required on the city side of the meter. A reducer will be required before the meter and on the bypass for 3-inch settings. Insulators shall be provided between connections of dissimilar metals. Meter installations larger than 4 inches shall require submittal of drawings for approval by the Director. (xv) A minimum of distance 5 times the pipe diameter of straight, unobstructed pipe is required upstream of the meter. (xvi) Final inspections of the meter vault will be made at the time the meter is set. (5) Service Saddles: Corporation stops require the installation of a bronze or brass bodied service saddle with 304L stainless steel double straps and studs, equivalent in design and composition to “Mueller” BR 2 S series or “McDonald" 3855 series for cast iron or PVC. All saddles require an AWWA tapered thread (CC) outlet. No direct taps to PVC pipe are allowed. (6) Insulators (Ferrous Pipes only): Insulators shall be installed at the inlet end of the corporation stop and shall be Ford Service Insulators or an approved equivalent for service lines. (C) Execution (1) General (a) Size as shown, lay to grades and lines in accordance with pipe manufacturer’s specifications. Thoroughly clean pipe interiors of foreign matter before placing into trench. Replace with new pipe any laid section of pipe found damaged or defective. All pipe fittings, valves, and appurtenances shall be installed according to manufacturer’s instructions. Corporation stops shall be installed with the appropriate tapping machine in the presence of the Director after the waterline has been pressure tested. (b) All bedding, pipe zone backfill, compaction, polyethylene sheathing and other details of the water pipeline construction shall be returned to original condition after service connections are completed. (c) Service connections to all ferrous mains shall be electrically insulated by means of a City approved insulating fitting. (2) Pipe Cutting: Cutting shall be done neatly by methods that will not damage pipe. (3) Testing: Testing of water service pipe shall be as specified in Section 9.13, “Testing of Water Pipes,” of these Standards. (4) Backfilling and Restoring Surface Conditions: Backfilling and Restoring surface conditions shall be as specified in Section 9.02, “Excavation and Trenching,” of these Standards. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 60 Packet Page 433 of 903 9-25 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (5) Disinfecting Potable Pipelines: Water service pipe shall be disinfected as specified Section 9.12, “Disinfecting Waterlines,” of these Standards. 9.06 Gate Valves (A) General (1) Scope: This section describes the furnishing and installation of gate valves and appurtenances for potable water service in the pipe diameter size range of 4 to 12 inches. (2) Quality Assurance (a) Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (b) All valves shall be tested in accordance with AWWA C500 or C509. Certified copies of the results of all tests, together with an affidavit of compliance shall be provided to the City inspector prior to construction. (B) Materials (1) Gate Valves (a) Gate valves are required for 4-inch through 12-inch valve sizes. The Director may approve a different valve type where practical installation of a gate valve is not feasible. (b) Gate valves shall be iron body, resilient-seated gate valves with non-rising bronze stems with design, construction, and pressure ratings conforming to AWWA Specifications C-509-01, Resilient Seated Gate Valves, or C515-01, Reduced Wall Resilient Seated Gate Valves, and with modifications specified herein. (c) Stem seals shall be triple "O" ring seals designed so that the seals above the stem collar can be replaced with the valve under pressure and in full open position. (d) Gate valves shall be one of the following types: (i) American Flow Control, Series 2500 (C515 only). (ii) Mueller, Series 2360 (C509 only). (iii) American AVK. (iv) Series 45 CLOW Valves, Models 2639 and 2640. (e) With the exception of tapping valves and valves in vaults, gate valves shall have mechanical joint ends. (f) All ferrous internal and external surfaces of the valves shall be epoxy coated in conformance with AWWA C116-03, Protective Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile Iron and Gray Iron Fittings, and C550-05, Protective Interior Coatings for Valves and Hydrants. The coating shall be a two-part thermosetting epoxy suitable for field over coating and for touch-up with the same coating material without special surface preparation. The supplier shall furnish detailed performance tests of adhesion, hardness, and abrasion resistance of the furnished coatings when requested by the City. The coating shall Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 61 Packet Page 434 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-26 have a successful record of performance in valves, pipe, or other fittings for a minimum of ten years. (g) The resilient seat gate valve stem shall have external break-off capabilities for over-torquing and positive stop to prevent over compression. (h) All external bolts, nuts, and washers used in conjunction with valves shall be stainless steel, and tee-bolts shall be "Cor-blu". (i) Valves shall be delivered complete with bolts, glands, and rubber gaskets in conformance with AWWA C111-07, Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. (2) Valve Boxes (a) All buried valves shall be provided with valve boxes. Valve boxes shall be of cast iron, 3-piece screw type, suitable for the depth of cover required by the drawings. Valve boxes shall be 5 ½ inches in diameter, shall have a minimum thickness at any point of 1/16 inch, and shall be provided with suitable cast iron bases and stay-put covers. Covers shall have cast thereon “water” on the top. They shall be Tyler 6860 series or approved equal. (b) The valve box shall have at least 6 inches adjustment above and below specified depth of cover over pipe. (c) All parts of valve boxes, bases, and covers shall be coated by dipping in bituminous varnish. (d) Valves and valve boxes shall be set plumb. Each valve box shall be placed directly over the valve it serves, with the top of the box brought flush with the finished grade. After being placed in proper position, earth shall be filled in around each valve box and thoroughly tamped on each side of the box. (3) Special Wrenches and Keys: All tools needed to operate valve and to open valve box lid. At least one of each type as required for each style and size of box and lid shall be furnished by the contractor. Provide 1 key for each valve. Key lengths shall be as approved by the Director. (C) Execution (1) Handling: All valves and actuators shall be transported and stored in a manner that will protect them from damage. (2) Installation: Install valves as indicated in Chapter 11, “Technical Drawings,” of these Standards, and set plumb on a firm base. All foreign matter shall be removed from the valve interior prior to installation. (3) Valve Boxes: Install a valve box over the gate valve with the base section centered over the operating nut and resting on well-compacted backfill. The top section shall be so set as to allow equal movement above and below finished grade, with the final elevation to be 1/4 inch below finished grade in roadways and 1 to 2 inches above grade outside of roadways. The top of base section shall be placed approximately on line with the operating nut at the top of the valve stem, and the entire assembly shall be plumb. (4) Tests: Gate valve tests shall be with and part of the general tests on the companion water lines. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 62 Packet Page 435 of 903 9-27 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (5) Disinfection: Gate valve disinfection shall be done with and as a part of the disinfection to the companion water lines. 9.07 Butterfly Valves (A) General (1) Scope: This section describes the furnishing and installation of butterfly valves and appurtenances for potable water service in the pipe diameter size range of 12 inches to 24 inches. (2) Quality Assurance: Manufacturer’s installation recommendations and certificates of compliance shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (3) Testing: All valves shall be tested in accordance with Section 3.8 of AWWA C504. Certified copies of the results of all tests, together with an affidavit of compliance shall be provided to the City inspector prior to construction. (B) Materials (1) Butterfly Valves (a) Butterfly valves shall be rubber-seated conforming to the AWWA C504 and designed for buried service. The valves shall be designed to operate as open or closed with a design velocity of 8 feet per second. The valves shall have a cast- iron body with mechanical joint ends conforming to ANSI 21.11, AWWA C111 and shall be rated for a design working pressure of 150 psi. Butterfly valves shall be one of the following types: Mueller, Lineseal III and XPII (sizes up to 48 inches), Pratt, Triton XR-70 (sizes 24 inches to 72 inches), or K-Flo 500 Series (sizes up to 20 inches); unless a butterfly valve equivalent in design and composition to these types has been approved by the Director. (b) Discs shall be cast or ductile iron with stainless steel, type 304, either stub or one-piece shafts. Discs shall be secured to shafts by means of solid, smooth sided, stainless steel or monel pins or dowel pins. Each taper pin or dowel pin shall extend through or shall wedge against the side of the shaft and shall be mechanically secured in place. The use of bolts, setscrews, knurled or fluted dowel pins, expansion pins, roll pins spring pins, or other devices in lieu of the pins specified herein will not be acceptable. (c) Shaft bearings shall be the bushing type of nylon or Teflon. Thrust bearings that are directly exposed to line liquid and that consist of a metal bearing surface in rubbing contact with an opposing metal bearing surface will not be acceptable. Shaft seals may be rubber ring or chevron packing. (d) Seats shall be rubber vulcanized to the body and designed to provide bubble tight shutoff with mating surface of Type 304 or 316 stainless steel or monel mounted on the discs. Valve seat configurations that rely on the mating pipe flange to hold the seat in position in the valve body will not be acceptable. (e) The valve operator shall be the traveling-nut type designed for previous stated conditions, in an enclosed body, sealed to prevent the entrance of groundwater up to the depth of 5 feet above the valve. The operator shall have travel limiting Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 63 Packet Page 436 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-28 devices to prevent over closing or opening damage to the valve. Valves shall open counterclockwise with the use of a valve key on a 2-inch square operating nut. The housing of traveling-nut type actuators shall be fitted with a removable cover that shall permit inspection and maintenance of the operating mechanism without removing the actuator from the valve. (C) Execution (1) Handling: All valves and actuators shall be transported and stored in a manner that will protect them from damage. (2) Installation: Install valves with the shaft horizontal according to the manufacturer’s recommended installation procedures. Operate all valves from full open to full close before installation. Check all seats, seat rings, shaft sleeves, disc connections, etc. prior to installation. (3) Valve Boxes: Install valve boxes over the valve operator with the base section centered over the operator nut and resting on well-compacted backfill. The top section shall be set to allow equal movement above and below finished grade, with final elevations to be 1/4 inch below finished grade in roadways and 1 inch to 2 inches above grade outside of roadways. The top of base sections shall be placed approximately on line with the operator nut at the top of the valve stem, and the entire assembly shall be plumb. (4) Tests: Butterfly valve tests shall be done with and as a part of the general tests on the companion water lines. (5) Disinfection: Butterfly valve disinfection shall be done with and as a part of the general disinfection to the companion water line. 9.08 Tapping Sleeves and Valves (A) General (1) Scope: This section describes the furnishing and installation of tapping sleeves and valves for potable water service in the pipe diameter size range of 4 inches to 12 inches. (2) Quality Assurance (a) Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (b) The manufacturer of tapping sleeves and valves shall be experienced in their design and construction, shall be regularly engaged in their manufacture, and shall have produced tapping sleeves and valves of the sizes specified herein that have given successful service for a period of at least 5 years. (B) Materials (1) General (a) All tapping sleeves shall be constructed of stainless steel that meets or exceeds the requirements of ASTM A240 Type 304 UNS designated S30400. Tapping sleeves shall be “Romac Industries” SST, “Mueller” H- Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 64 Packet Page 437 of 903 9-29 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD 304L, “Ford” FTSS, “JCM” 432, or a tapping sleeve of equivalent design, material, and rating approved by the Director. (b) Extension stems, valve boxes, and special wrenches and keys shall be as specified in Section 9.06(B), “Materials,” of these Standards. (2) Flanges: Flanges shall be fabricated from steel plate, and all dimensions shall conform to AWWA Standard C207, Class D. Flanges shall be machined to a flat rate with finish of 250 micro inches or machined to a flat surface with a serrated finish in accordance with AWWA Standard C207. In addition, the machined face shall also be recessed for tapping valves in accordance with the MSS Standard SP-60. (3) Gaskets: Gaskets shall be compounded from new materials, and the shape and cross- section of the gasket shall provide adequate seal for the design pressure. Gaskets shall be shop glued to the groove provided in the body section. (4) Fasteners: Bolts and hex nuts shall be stainless steel or an approved equivalent for corrosion control. (5) Testing Outlet: A 3/4-inch NPT by welded coupling shall be attached to the outlet nozzle of each tapping sleeve assembly, complete with a 3/4-inch square head pipe plug. (6) Tapping Valves: With the exception of the valve ends and other modifications necessary for tapping service, tapping valves shall be as specified in Section 9.06(B), “Materials,” of these Standards. Each tapping valve shall be provided with a flanged inlet end designed, faced and drilled for attachment to the outlet flange of the tapping sleeve; an outlet end provided with a tapping flange for attachment of a standard drilling machine; and a mechanical joint bell end for connection of the branch main. The size of the waterway shall include the appropriate clearance for the diameter of the tapping machine cutter recommended by the valve manufacturer. Tapping valves shall be Mueller “No. H-667" or equal. (7) Painting: All ferrous internal and external surfaces of the valves shall be epoxy coated in conformance with AWWA C116-03, Protective Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile Iron and Gray Iron Fittings, and C550-05, Protective Interior Coatings for Valves and Hydrants. The coating shall be a two-part thermosetting epoxy suitable for field over coating and for touch-up with the same coating material without special surface preparation. The supplier shall furnish detailed performance tests of adhesion, hardness, and abrasion resistance of the furnished coatings when requested by the City. The coating shall have a successful record of performance in valves, pipe, or other fittings for a minimum of ten years. (C) Execution (1) Tapping Valves: Install tapping valves in the lines as indicated on the drawings and set plumb on a firm base. All foreign matter shall be removed from the valve interior prior to installation. Valves shall be securely bolted to the tapping sleeve in accordance with the manufacturer’s instructions using the fasteners specified in Subsection 9.08(B)(4) of these Standards. (2) Tests: Valve tests shall be done with and as a part of the general tests on the companion waterlines. (3) Disinfection: Valve disinfection shall be done with and as a part of the general disinfection to the companion waterline. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 65 Packet Page 438 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-30 9.09 Fire Hydrants (A) General (1) Scope: This section describes the furnishing and installation of fire hydrants for potable water service. (2) Quality Assurance (a) Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (b) All valves shall be tested in accordance with Section 5.1 of AWWA C502. Certified copies of the results of all tests, together with an affidavit of compliance shall be provided to the City inspector prior to construction. (B) Materials Fire hydrants shall be “Mueller” Super Centurion 250 A-423 or “CLOW” Medallion 395" (the “CLOW” Medallion shall be a higher-pressure rating with chain tagged "heavy duty"), with mechanical joint bottom connection and meet the following requirements: (1) Inlet Pipe: 6-inch, mechanical joint inlet shoe and accessories. (2) Trench Depth: 4-1/2 feet cover (Note: standard shipping depth is 5.0”). (3) Operating Nut: 1-1/2-inch Pentagon National Standard Threads. (4) Open: Left (CCW). (5) Connection: Two 2-1/2-inch hose nozzles and one 5-1/4-inch pumper nozzle. (6) Threads: National Standard Hose Threads. (7) Pressure: 150 psi working pressure, 300 psi pressure. (8) Break-Off Flange: Hydrants shall be provided with traffic break-off flange. (9) Mechanical Joint Bolts and Nuts: The mechanical joint bolts and nuts shall be anti- galling coated stainless steel, “NSS” Cor-Blue, or an equivalent in design, material, and specifications. (10) Shoe Nuts and Bolts: Shoe nuts and bolts shall be corrosion resistant stainless steel, Grade 304. (11) Color: Color shall be Rustoleum No. 831 “restful green” or KWAL “hydrant green” except for bonnet, weather caps and nozzle caps, which must be Rustoleum No. 2766 “reflectorized white.” (12) Spares: A set of spare break-off parts shall be furnished. (C) Execution (1) Hydrants: Where applicable, hydrants shall be installed with pumper outlet facing the adjacent roadway or parking area. Set hydrants at such elevations that the connecting pipe shall drain to the main with a grade of not less than 1 percent, and upon a concrete foundation not less than 6 inches thick and 18 inches square. The centerline of nozzles shall be at least 18 inches above finished grade. Firmly block the back of the hydrant Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 66 Packet Page 439 of 903 9-31 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD opposite the pipe connection with a concrete thrust block braced against the vertical face of the trench to prevent the hydrant from blowing off the line. (2) Drainage Aggregate and Backfill: Place not less than 1/3 cubic-yard of approved clean gravel or crushed rock around the base of each hydrant and 12 inches over the top of the supply pipe to insure drainage. A layer of 30-pound asphalt-saturated felt paper or heavy vinyl sheet shall be placed over gravel to keep backfill material from sifting into gravel. Thoroughly compact the backfill around hydrants, to the grade line, in an approved manner. (3) Operations Check: Clean hydrant interiors of all foreign matter before installation. Stuffing boxes shall be tightened and the hydrant inspected in opened and closed positions to see that all parts are in working condition. (4) General: Hydrants shall be tagged “out-of-service” until the water system is operational. It is the responsibility of the contractor to notify Boulder Police Communications regarding the location of the tagged hydrants. 9.10 Combination Air Valve (A) General (1) Scope: This section describes the furnishing and installation of combination air valves for potable water service. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) Manholes: Refer to Section 9.16, “Manholes and Inlets,” of these Standards. (2) Combination Air Valve: The valve shall be a 2-inch combination air release vacuum valve, “Vent-O-Mat” Series 050 RB X 25 2 1, or approved equivalent in design, material, and specifications. The combination air valve shall be provided with a 2-inch diameter hand wheel operated gate valve. (3) Hose Gate Valve: A 3/4-inch hose gate valve is to be installed in the air release valve manhole. The valve shall have a bronze body, threaded end, solid wedge, union bonnet, inside screw rising stem gate valve. These valves shall be “Powell” 375 HS. Each hose gate valve shall be equipped with a brass cap and chain. (4) Ball Valve: Ball valves shall be of bronze or brass construction with two-piece end entry body, bronze or brass ball, Teflon or Viton stem seal, reinforced Teflon seats and thrust washer, a removable operating lever, and threaded ends. Valves shall be rated not less than 500 psi non-shock cold WOG and shall be drip-tight in both directions. Valves shall be “Conbraco Industries” Apollo 70-100 Series, “Powell” Fig 4210T, or “Stockham” S- 216. (5) Corporation Stop: A corporation stop shall be as referenced in Subsection 9.05(B)(3), of these Standards. (6) Insulators: Insulators shall be as referenced in Subsection 9.05(B)(6), of these Standards. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 67 Packet Page 440 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-32 (C) Execution (1) Installation: Install valve, manhole, and appurtenances as indicated on Drawing No. 5.22, in Chapter 11, “Technical Drawings,” of these Standards, and in accordance with applicable provisions of the related sections. (2) Tests: Valve tests shall done be with and as a part of the general tests on the companion waterlines. (3) Disinfection: Valve disinfection shall be done with and as a part of the general disinfection to the companion waterlines. 9.11 Pipeline Fittings (A) General (1) Scope: This section describes the furnishing and installation of pipeline fittings for potable water service. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) Gray or Ductile Iron: Fittings shall be made from gray iron or ductile iron and manufactured in accordance with AWWA C110-08, Ductile Iron and Gray Iron Fittings, or AWWA C153-06, Ductile Iron Compact Fittings. (2) Rubber Gasket Joints: Fittings shall be furnished with rubber gasket joints in accordance with AWWA C111-07, Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. (3) Design: Fittings shall be rated for a design working pressure of 350 psi pressure rating and shall conform to the dimensions and weights shown in the tables of the AWWA standards referenced in this Section 9.11(B) of these Standards. (4) Certification: The manufacturer shall prepare a certified statement that the inspection and all specified tests have been performed and the results thereof comply with the requirements of the applicable AWWA standard(s) specified in Section 9.11(B) of these Standards. The contractor shall cause a copy of the certification to be sent to the City upon request. (5) Ductile Iron Flanged Fittings: Ductile iron flanged fittings shall be manufactured in accordance with the following: (a) Integrally cast flange fittings: AWWA C110-08, Ductile Iron and Gray Iron Fittings. (b) Threated flange fittings: AWWA C115, Flanged Ductile Iron Pipe with Ductile Iron or Gray Iron Threaded Flanges. (c) Ductile iron flanged fittings shall be rated for 250 psi working pressure and shall be installed with special gaskets that achieve 350 psi working pressure. (6) 4 Through 6 Inch Fittings: 4 through 16-inch diameter fittings shall be furnished with a fusion bonded epoxy inside and out, with a standard thickness as defined in AWWA Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 68 Packet Page 441 of 903 9-33 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD C116-03, Protective Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile Iron and Gray Iron Fittings. The Director may waive the requirement for fusion bonded epoxy on fittings if the Director finds that specific fittings are not available. (7) Bolts and Nuts: Fittings shall be furnished with tee-head mechanical joint bolts and hexagon nuts, fabricated from corrosion resistant high strength, low alloy steel such as "Cor-Ten" or “Blue Bolts.” (8) Connection fitting: Mechanical joint anchoring fittings (swivel) shall also be used. Infact Corporation’s “Foster Adaptor” may also be used to connect between mechanical joint fittings, valves and hydrant connections. 9.12 Disinfecting Waterlines (A) Scope This section describes the disinfecting of all portions of the potable water system, including buried piping, valves, hydrants, and any portion of the existing connecting system that might have become contaminated during construction activities, and also any temporary water service piping used during construction. (B) Materials (1) Chlorinating Material: The chlorinating material shall either be a hypochlorite solution, tablets or granules. (2) Tablet Attachment: The hypochlorite tablets shall be fastened to the top of the pipe using Permatex No. 1. (C) Execution (1) Disinfection (a) Care shall be taken to prevent contaminating materials from entering the water mains during construction or repair. Such materials that may accidentally enter the main shall be removed by flushing. This flushing shall be done prior to disinfection unless the tablet method of disinfection is used. If, in the opinion of the Director, the contaminated material that has entered cannot be removed by flushing, the interior of the pipe shall be cleaned by mechanical means and then swabbed with a 1 percent hypochlorite solution. (b) Upon completion of the water pipelines, all new pipe, valves, hydrants, etc. shall be thoroughly flushed and disinfected, using a continuous-feed method of hypochlorite and water mixture or hypochlorite tablets or granules in accordance with AWWA Standard C-651, latest revision. (c) The chlorinating material shall be introduced into the water lines and distribution systems in a manner approved by the Director. After a contact period of not less than 24 hours, the treated water in the lines shall contain not less than 10 mg per liter chlorine using the continuous-feed method or 25 mg per l chlorine using the tablet or granular method throughout the length of the line. The system shall be flushed after successful completion of disinfection with clean water until the residual chlorine content is no more than 1.0 mg per liter. All valves in lines Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 69 Packet Page 442 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-34 being disinfected, except those being used as bulkheads, shall be opened and closed several times during the contact period. During flushing and disinfection the contractor shall make sure that none of the disinfection solution enters any existing water main. (d) Flushing shall be done with a flushing velocity of at least 2 ½ feet per second. The contractor shall provide all fittings required to flush the line. Flushing will be accomplished in such a manner that no erosion will occur and there will be no damage to street, fish, animals, plants or other property. (2) Bacteriological Examination: After the system has been thoroughly flushed and before the new water line is connected to the distribution system, samples shall be taken from representative points in the system, at intervals of 1200 feet, in sterile bottles treated with sodium thiosulfate. Labeled samples shall be submitted to the City Drinking Water Program staff, or designated certified laboratory, for bacteriological examination. Submitted samples shall meet all City and State bacteriological standards, showing the absence of both coliform and heterotrophic bacterial growths. If the initial disinfection fails to produce satisfactory bacteriological results, the new main shall be reflushed and resampled. If check samples also fail to produce acceptable results, the main shall be rechlorinated by the continuous feed or slug method until satisfactory results are obtained. (3) Disposal of Solution: Following testing, the solution and flushing water shall be disposed of by the contractor into the nearest sanitary sewer line. The solution and flushing water shall not be dumped into any lakes, streams, waterways, irrigation ditches or stormwater drainage systems. If wasted water cannot be safely discharged into a sanitary sewer system, and then a reducing agent shall be applied to the wasted water to thoroughly neutralize the chlorine residual remaining in the water. 9.13 Testing of Water Pipes (A) General This section describes the testing of all water pipe including water mains, fire lines and services. (B) Materials The contractor shall provide all necessary test equipment including test pumps, pipe, connectors, meters, gauges, instruments, and other equipment required. Pressure gauges used shall be graduated in increments no more than 5 psi and shall have a range of approximately twice the test pressure. Gauges meters and other instruments shall be calibrated prior to testing. (C) Execution (1) Notification and Witness (a) The contractor shall notify the Director of all tests at least 48 hours prior to testing so that the Director can witness the tests. (b) The pipe may be subjected to hydrostatic pressure and inspected and tested for leakage at any convenient time after the trench has been partially backfilled, except at the joints, or backfilled as permitted by the Director. Where any section is provided with concrete thrust blocks, the pressure test shall not be made until at least 2 days have elapsed after the concrete was installed. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 70 Packet Page 443 of 903 9-35 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (2) Pressure Test (a) All new pipe shall be pressure tested prior to connection to the existing system. All pipe shall be tested at a pressure of 150 psi at the lowest point in each section or 1½ times the working pressure, whichever is greater. (b) Prior to testing, all equipment that would be damaged by the test pressure shall be removed. This equipment shall be replaced in the system after testing is complete. All pipe and appurtenances shall be backfilled except for joints unless otherwise permitted by the Director. (c) The contractor shall slowly fill the pipe with water prior to testing and remove all air from the piping system. Each valved section, unless otherwise directed by the Director, shall be tested prior to connection to the existing system. The duration of each pressure test shall be at least 2 continuous hours. Test time will be accrued only while full test pressure is on the system. All water used in testing the pipelines shall be provided by the contractor from a potable water source. (d) The specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Director. The contractor shall furnish all necessary labor, equipment, and connection corporation stops to the pipeline to perform the test. (e) No testing shall be permitted against valves or fittings that are part of the existing system unless specifically approved by the Director. All exposed pipes, fittings, valves, hydrants, and joints will be carefully examined during the test. Any cracked or defective pipe, fittings, valves, or hydrants discovered during the pressure test shall be removed and replaced by the contractor with sound material. The test shall be repeated until the test is satisfactory to the Director. (3) Leakage Test (a) A leakage test shall be conducted after the pressure test has been completed, unless the pressure test indicates that there are no leaks. The contractor shall furnish the pump, pipe, connections, meters and all other necessary apparatus, and shall furnish all necessary assistance to conduct the test. The duration of each leakage test shall be two hours, and, during the test, the main shall be subjected to a hydrostatic pressure specified. (b) No pipeline installation will be accepted until the leakage is less than the amount computed by the following formula: L = SD(P)0.5 133,200 Where: L = Allowable Leakage (Gallons Per Hour) S = Tested Length of Pipe (Feet) D = Nominal Diameter of Pipe (Inches) P = Average Test Pressure During the Test (psi) (c) The contractor shall, at their own expense, locate and repair the points of leakage until the leakage is within the specified allowance. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 71 Packet Page 444 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-36 9.14 Polyvinyl Chloride (PVC) Non-pressure Pipe (A) General (1) Scope: This section describes the furnishing and installation of polyvinyl chloride (PVC) non-pressure pipe and appurtenances for storm sewer mains, sanitary sewer mains and sewer services in the pipe diameter size range of 4inches to 15inches. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) PVC Non-pressure Pipe (a) PVC non-pressure pipe shall be type PSM polyvinyl chloride (PVC) having a cell classification of 12454 or 12454 or 13364 (with a minimum tensile modules of 500,000 psi) as defined in ASTM D1784. All PVC pipe and fittings shall meet or exceed all of the material requirements of ASTM D3034 and thickness requirements of SDR 35. (b) Provisions must be made for contraction and expansion at each joint with a rubber ring and integral thickened bell as part of each joint. Gaskets shall conform to ASTM F477. Pipe shall be supplied in laying lengths of 19-1/2 to 20 feet. All pipe and fittings shall be assembled with a non-toxic lubricant. Each length of pipe and all fittings shall have marked on the exterior the following: (i) Manufacturer’s Name or Trademark; (ii) Nominal Pipe Size; (iii) PVC Cell Classification (e.g. 12454-B); (iv) Legend - Type PSM SDR-35 Sewer Pipe; and (v) ASTM - D3034. (c) All fittings and plugs to be used with the PVC pipe shall be those manufactured by the manufacturer of the pipe. Each special fitting shall be a completely manufactured unit with either bells or spigots on each connection that are an exact duplication of the bells and spigots on the pipeline. Fittings with any other type of connections will not be accepted. (2) Plugs: Plugs shall be specifically manufactured for the pipelines where they are to be installed. The plug shall be constructed of a material approved by the Director and shall provide a permanent watertight installation. (3) Couplings (a) Couplings shall be used only where shown on the approved drawings or where approved in writing by the Director. The contractor shall provide a description of an exact location of any couplings used. (b) Flexible couplings shall consist of a rubber gasket or boot with a stainless steel shield and tightening bands. Couplings shall be ASTM C1173 Type B couplings and shall be “Fernco Strong Back” or an approved equivalent. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 72 Packet Page 445 of 903 9-37 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (4) Grout (a) Grout shall conform to the specifications defined in Section 9.16(B)(5). The contractor may substitute a two-component, 100 percent solids epoxy resin for the specified grout. (b) Grout used for sealing service connections shall be a 2-component, waterproof epoxy grout specifically manufactured for this application. The grout shall adhere to any of the dissimilar materials. (5) Sealants: Sealants used on manholes or pipe connections shall be equal to SIKAFLEX-la, a one component polyurethane base, elastomeric sealant. When required due to moisture or immersion, provide SIKAFLEX 429 or an equivalent primer for application onto the substrate according to manufacturer’s recommendation. (C) Execution (1) General (a) Each pipe length and fitting interior, interior surface of bells, and exterior surface of spigots shall be cleaned of all foreign material before placement in the trench and shall be kept clean at all times thereafter. Each item shall also be examined for cracks and other defects before installation. (b) Pipe shall be cut, only whenever necessary, to conform to location of manholes or connections. All cuts shall be straight, true, and at right angles to the axis of the pipe. The cutting process shall leave a smooth end without damaging the pipe. All burrs shall be removed from the ends of cut pipe, and the end lightly rasped or filed. All tools used in cutting pipe will be subject to the Director’s approval. (c) Pipe laying shall proceed with the spigot ends of pipe pointing in the direction of the flow, unless otherwise approved by the Director. Each pipe length shall be laid true to line and grade in such manner as to form a close concentric joint with the adjoining pipe and to prevent sudden offsets to the flow line. Pipe shall be laid in a dewatered trench and shall not be used for draining water from the trench. Do not lay pipe when trenches or weather conditions are unsuitable for such work. (d) Whenever the pipe is left unattended or pipe laying is not in progress, temporary plugs shall be installed at all openings. Temporary plugs shall be watertight and of such design as to prevent debris and animals from entering the pipe. All temporary plugs will be subject to approval by the Director. (e) The contractor shall install the materials in accordance with the manufacturer’s recommendations. If there is a conflict between the methods prescribed in the approved plans and the manufacturer’s instructions, the contractor shall obtain resolution from the Director, before proceeding with the work. (2) Pipe Installation (a) Pipe Laying: No deflection in the joints shall be allowed. All pipe shall be fully supported along the full length of pipe barrel without support by the bell mounding. (b) Pipe Joints Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 73 Packet Page 446 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-38 (i) The outside of the spigot and the inside of the bell shall be thoroughly wiped clean. Set the rubber ring in the bell with the marked edge facing toward the end of the bell. Lubricate the spigot end using a thin film of the manufacturer-supplied lubricant. Push the pipe spigot into the bell. Position the completed joint so that the mark on the pipe end is in line with the end of the bell. (ii) Bevel the end of cut pipe with a beveling tool after the pipe is field cut. Place a clearly visible position mark at the correct distance from the end of the field-cut pipe. (3) Connection of Pipe to Concrete Manhole Base (a) The pipe shall be encased in the concrete poured for the manhole base as detailed in Drawing No. 6.01, “Standard Sewer Manhole,” in Chapter 11, “Technical Drawings,” in these Standards. Special provisions shall be made for water tightness of the connection. (b) The exterior circumference of the pipe where encased in concrete for water tightness shall be uniformly roughened or scarified by sanding with coarse sandpaper or emery cloth for at least 6 inches encased length. (c) Additionally, gasket as specified elsewhere shall be stretched onto the pipe to form a weep ring where encased in concrete. Any alteration to the above specified methods for pipe connection to concrete shall be submitted to the Director for approval. (4) Grouting (a) Any opening between the manhole wall and pipe made during construction shall be closed and sealed with watertight grout. The opening shall be of sufficient size to accommodate the pipe, “O” rings, and grout. The grout shall extend no less than the full width of the manhole barrel. (b) Channels that have been cut into concrete bases shall be smoothed to the specified contour with grout. The grout shall extend no less than the full width of the manhole barrel. (5) Temporary Plugs: Where required on construction plans and at the end of each sewer service stub out, the pipe shall be sealed with a removable plug. Plugs shall be specifically manufactured for the pipelines where they are to be installed. The plug shall be constructed of a material approved by the Director and shall provide a permanent watertight installation without permanently sealing the joint. (6) Sewer Services: The general location of the sewer service lines is detailed in Drawing No. 6.06, “Sewer Service Line,” in Chapter 11, “Technical Drawings,” in these Standards. Actual locations of the service lines shall be determined by the approved construction plans and in the field by the Director. The contractor shall notify the Director prior to constructing each sewer main so that the Director may have adequate time to determine the final location of each service tee or wye fitting to be installed in the sewer main. Failure of the contractor to properly notify the Director as noted above may result in the contractor’s removal of any portion of the sewer main that is necessary to install the fittings in their proper location as determined by the Director. (a) The contractor will be allowed to tap and install a service saddle to new sewer mains only at those locations approved by the Director. Connections onto sewer mains shall be made only by boring or drilling with equipment designed for this Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 74 Packet Page 447 of 903 9-39 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD purpose. Connections shall not be made by impact equipment. The contractor shall request, in writing, Director approval of methods and equipment proposed to be used for performing connections. (b) The contractor shall remove from the sewer main all debris created by making connections before the service line is connected. (c) Service line saddle connections shall be attached to the sewer main with an epoxy-bonding agent. Where the sewer main has been lined, the original sewer main shall be removed and the saddle shall be attached directly to the liner. The bonding agent shall be applied to a clean, dry surface. The connection shall remain dry until the bonding material has set, depending upon environmental conditions. Backfill around the connection shall not be attempted until the material has hardened and been accepted by the Director. (d) At the end of all sewer services, the contractor shall provide plugs and furnish and set two marker posts. One marker post shall be buried at least 3 feet and shall extend at least 2 feet above the ground surface and shall have a piece of green flagging at the top or be painted green. The second marker shall extend from the end of the service to 18 inches below the existing surface. The marker posts shall be wood 2 x 4, 4 x 4 or #4 rebar. (7) Backfilling and Restoring Surface Conditions: Shall be as specified in Section 9.02, “Excavation and Trenching,” of these Standards. (8) Testing: Testing of PVC non-pressure pipe shall be as specified in Section 9.17, “Testing of Gravity Sewer Pipelines and Manholes,” of these Standards. 9.15 Reinforced Concrete Pipe (A) General (1) Scope: This section describes the furnishing and installation of reinforced concrete pipe and appurtenances for culverts and storm drains in the pipe diameter size range of 12 inches to 144 inches. Reinforced concrete pipe shall not be used for sanitary sewer mains. (2) Quality Assurance: (a) Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (b) The pipe will be tested by the manufacturer based on the three-edge bearing test for both the 0.01-inch crack and the ultimate strength as set forth in ASTM C- 497. The pipe shall be tested at the manufacturer’s plant. Not more than 1 percent of the number of pipe lengths, but no fewer than two pipes, for each size of pipe, will be tested. The contractor shall provide copies of the test results to the Director for approval. The Director may select pieces to be tested. (B) Materials (1) Reinforced Concrete Pipe (a) The reinforced concrete pipe shall comply with the requirements of ASTM C76. The pipe shall be Class III unless noted otherwise on the approved construction Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 75 Packet Page 448 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-40 plans. The cement for the pipe shall conform to the requirements set forth in ASTM 150 and shall be type II and shall have a minimum compressive strength of 4,000 psi. All wall thicknesses shall be those established in “Wall B” in table 3, of said C76 specification, and the reinforcement shall be shown in the same “Wall B.” Each section, or “stick”, of pipe shall be 7 feet-6 inches or greater in length. (b) No elliptical reinforcement will be permitted except for any elliptical reinforced concrete pipe designated on the construction plans. (c) Lifting holes will not be permitted in any of the pipe. The following shall be clearly marked on the exterior surface of the pipe: (i) ASTM Specification; (ii) Date of manufacture; (iii) Class and size; and (iv) Name or trademark of manufacturer. (d) The joint design shall be tongue and groove, or bell and spigot. Joints for the circular reinforced concrete pipe shall be all rubber gasket conforming to ASTM C-443, latest revision. The gasket shall be attached to the spigot of the pipe and shall make the joint flexible and watertight. The contractor may use butyl mastic joint sealant in rope or trowel applied form in lieu of rubber gaskets for circular pipe if approved in writing by the Director. For all non-circular pipe and culverts, butyl mastic joint sealant may be used. The contractor shall submit test results and material specifications on the sealant to the Director before the Director gives written approval of its use. This sealant shall be made specifically for permanently sealing joints in tongue and groove concrete sewer pipe, must adhere tightly to the pipe surface, and form a tight flexible joint. The gaskets or sealants shall be installed as directed by the manufacturer of the pipe. (e) Flared end sections, bends and tees shall comply with the requirements of ASTM C76 and shall be the same class and shall have the same joint design as the pipe described above. (f) Visual inspections of all materials shall be made at the job site, and pipe will be rejected on account of any deficiencies covered by ASTM Specification Designation C76 or on account of the following: (i) Porous spots, inside or outside, having a greater area than 10 square inches and a depth of more than 1/4 inch; (ii) Patched or repair of porous spots or other defects that are not approved by the Director; or (iii) Exposure of reinforcement that indicates the reinforcement has been replaced. (C) Execution (1) Laying Pipe (a) All materials shall be carefully lowered into the trench piece-by-piece by means of a derrick, ropes or other suitable tools or equipment, in such a manner as to prevent damage. Under no circumstances shall materials be dropped or dumped Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 76 Packet Page 449 of 903 9-41 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD into the trench. All pipe shall be inspected for defects prior to installation. Any defective, damaged or unsound pipe shall be rejected. (b) All foreign matter or dirt shall be removed from the inside of the pipe and fittings before the pipe is lowered into its position in the trench. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed in the trench. If the pipe-laying crew is unable to place the pipe into the trench without getting foreign matter or dirt into it, the Director may require that, before lowering the pipe into the trench, a heavy, tightly woven canvas bag of suitable size be placed over each end and left there until the connection is to be made to the adjacent pipes. (c) An approved snug-fitting stopper or plug shall be installed in each pipe immediately after it is laid and prior to any further excavating, or backfilling. All openings along the line of the main shall be securely closed as directed and, in the suspension of work at any time, stoppers shall be placed to prevent dirt or other substances from entering the main. During laying operations, no debris, tools, clothing or other materials shall be placed in the pipe. (d) Pipes shall be laid to a true line and at uniform rates of grade between manholes as shown on the approved construction plans. Fine grading to the bottom of the barrel shall proceed ahead of the pipe laying. The grade shall be accurately established for each joint by laser beam, or other means approved in writing by the Director. The laser beam shall be checked with a level each time it is moved and each day before construction proceeds, and thereafter as required to assure that it is set at the correct alignment. If any errors of grade are observed, pipe laying shall stop until the grade is corrected. (e) Pipe laying shall proceed upgrade with the spigot ends pointed in the direction of flow. No pipe shall be laid in water or when the trench conditions are unsuitable for such work. The contractor shall make all connections of pipe to the manholes that have previously been constructed. When connecting to existing sewers, the contractor shall take every precaution necessary to prevent dirt or debris from entering the existing lines. (f) Bedding shall be placed under and on both sides of the pipe as each length of sewer pipe is installed. (2) Joining Pipe (a) Use a method of joining pipe sections that ensures that ends are fully entered and inner surfaces are flush and even. The equipment used to force the joints together must be adequate enough to overcome the gasket pressure involved. (b) Just prior to joining the pipes, the ends of the pipe shall be thoroughly cleaned to remove all foreign substances that may have adhered to the pipe surface. All dust and dirt shall be removed with a clean rag. A lubricating solution that is not injurious to the gasket or concrete, such as flax soap or water glass, shall be liberally applied to the gasket groove and to the entire surface of the bell ring. Following this operation, a thin film of lubricant shall be applied to the gasket that shall then be snapped into place in the groove, after which a small diameter smooth steel rod shall be inserted between the gasket and groove and run completely around the gasket to equalize the gasket tension. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 77 Packet Page 450 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-42 (c) In the event that any foreign matter becomes imbedded in the lubricant, or the lubricant becomes contaminated by water or other substances before the joint is started, the area affected shall be re-cleaned and new lubricant shall be applied. (d) The pipe being jointed shall be carefully moved into position, be line and grade checked, and as the spigot end is started into the bell of the section previously laid, the gasket position shall be checked to ensure uniform entry into the bell at all points. (3) Testing and Flushing Pipe (a) Prior to acceptance of each section of storm sewer line, the contractor shall jet clean all sewers up through 18 inches in diameter. Larger storm sewers shall be cleaned by other appropriate methods approved by the Director. All dirt and debris shall be prevented from entering the existing storm sewer system by means of watertight plugs or other suitable methods. (b) If the Director finds it necessary to clean the mains immediately after construction by rodding, jetting, or both, the Director shall assess the contractor for the cleaning at a set per foot charge with a minimum dollar amount. (c) The Director will televise all mains as part of public inspection, and will bill the contractor for the televising at a set per foot charge with a minimum dollar amount. Any defects found during the televising shall be repaired by the contractor, in a manner approved by the Director. (d) Any visible infiltration, that the Director finds to be the result of poor installation of the specified materials, shall be repaired by the contractor in a manner approved by the Director before the work will be accepted. (e) Before acceptance of the work, the Director will survey the manhole invert and surface elevations. Any inverts or surface elevations not meeting the approved design in the construction plans shall not be approved and shall be redone to the satisfaction of the Director. (f) Upon completion of construction, the Director will carefully inspect all sewers and appurtenances. Any unsatisfactory work shall be removed and replaced by the contractor in a proper manner. The invert of sewer and manholes shall be left smooth, clean, and free from any obstructions throughout the entire line. Manhole rings and covers must be raised to finished grade before final acceptance of the sewer. (g) For sanitary sewers, testing shall be as specified in Section 9.17, “Testing of Gravity Sewer Pipelines and Manholes,” of these Standards. 9.16 Manholes and Inlets (A) General (1) Scope: This section describes the furnishing and installation of precast concrete manholes, storm sewer inlets and appurtenances. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 78 Packet Page 451 of 903 9-43 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (B) Materials (1) General (a) Manholes shall be constructed of precast concrete riser sections, in accordance with Drawing No. 6.01, “Standard Sewer Manhole,” in Chapter 11, “Technical Drawings,” of these Standards. The concrete sections shall conform to ASTM C478. The top section required for change of diameter shall be concentric cone or flat slab. Invert channel shall be smooth and semicircular in shape conforming to the inside of the adjacent sewer section. The minimum internal diameter of the manhole barrel shall be in Table 9-6, “Required Manhole Diameters,” for all manhole installations: Table 9-6: Required Manhole Diameters Pipe Size (Diameter) Inner Manhole Section Diameter 18 Inches (and Smaller) 4 Feet 21 - 36 Inches 5 Feet 42 - 48 Inches 6 Feet 54 Inches (and Larger) Special Detail (b) The minimum internal diameter of the manhole barrel may also be determined by the number and size of pipes junctioning at a manhole. In such cases, the Director may modify the minimum internal diameter of the manhole barrel as required. (c) To bring the manhole cover to the correct elevation, the adjustment section of each manhole shall be constructed of brick that is sound and true in shape and size and shall be Grade S-W from clay or shale. Precast concrete grade adjustment rings may be substituted for the brick. These rings shall be not less than 6 inches wide and furnished in heights to allow for 1-inch adjustment. Total adjustment height, with grade rings or bricks, shall not exceed 12 inches. (2) Joints: Precast manhole and inlet joints shall be made watertight with RUB’R-NEK, Kent Seal No. 2, or LO-MOD GEL material, or approved equivalent. The diameter of gasket shall be as recommended by the manufacturer. (3) Frame and Cover: Manhole frames and covers shall be of heavy duty traffic lids, Colorado Springs pattern, round base, 22-1/8 inch opening lids 1 inch thick, non-locking type with frame and cover weighing approximately 327 pounds. The cover and frame seat shall be machine finished to prevent any rocking of the cover in its associated frame. The cover shall have the word “SEWER” for sanitary sewer manholes, or “STORM SEWER” for storm sewer manholes clearly cast on the surface. Covers for other utility manholes shall also be marked with the appropriate utility designation. Frames and covers shall be CASTINGS, INC. MH 310 COVER B, or approved equivalent. (4) Manhole Steps: Manhole steps shall be built into and thoroughly anchored to the manhole walls at time of fabrication and shall be positioned as shown on the approved construction plans, and in accordance with the technical drawings in Chapter 11, “Technical Drawings,” of these Standards. The steps shall be made of polypropylene coated reinforcing steel. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 79 Packet Page 452 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-44 (5) Grout: Grout shall be “non-shrink” type with aluminum filings; grout with iron filings is not acceptable. Grout shall be “Five Star Grout,” “Embeco Grout” or equivalent. (6) Concrete: Concrete for cast-in-place manhole bases shall have a 28-day compressive strength of not less than 3,000 psi. The maximum water content shall be 0.5 pounds of water per pound of cement. Entrained and entrapped air shall be between 4 and 9 percent. All reinforcement shall be standard deformed reinforcement conforming to the requirements set forth in ASTM, A615, Grade 60. (7) Inlets: Inlets shall be constructed of reinforced concrete and shall conform to the dimensions and specifications as set forth for Type “R” Curb Inlets in Chapter 11, “Technical Drawings,” of these Standards, and CDOT’s M & S Standards. Inlet steps shall be built into and thoroughly anchored to the walls at the time of inlet construction. These steps shall conform to the requirements for manhole steps and shall be positioned as shown on the technical drawings. (C) Execution (1) Construction of Manholes (a) Concrete bases shall be poured on undisturbed ground. Pipe sections shall be flush on the inside of the structural wall (except as noted below) and project outside sufficiently for proper connection to the next pipe section. All pipelines into a manhole shall have a joint located no more than 12 inches from the exterior wall. Where incoming pipes enter a storm drain manhole at an elevation 3 feet or greater above the base, the incoming pipe shall project 2 inches inside the manhole. All annular spaces around the pipe opening shall be grouted. (b) For all precast manhole bases, the ground surface below precast concrete bases shall be excavated 6 inches below the elevation of the bottom of the base and backfilled with bedding material, meeting the requirements of Subsection 9.02(B) of these Standards. The bedding material shall be carefully leveled and smoothed as to give uniform support to the precast base over its entire area. (c) The invert channels of manholes shall be constructed in accordance with the Drawing No. 6.03, “Manhole Invert,” in Chapter 11, “Technical Drawings,” of these Standards. They shall be smooth and semicircular in shape, conforming to the inside of the incoming and outgoing sewer pipelines. Changes in direction of flow shall be made with a smooth curve of as large a radius as the size of the manhole will permit. Where differences of 24 inches or less in invert elevations are called for, sloped flow channels shall be formed so the water does not undergo a vertical drop. A drop manhole shall be installed where the specified distance in the manhole inverts exceeds 24 inches. The inlet channels may be formed directly in the concrete of the manhole base. The floor of the manhole outside of the channel shall be smooth and shall slope towards the channel not less than 1 inch per foot nor more than 2 inches per foot. The manhole covers shall be set with a final elevation of 1/4 inch below the finished grade in roadways and 1 to 2 inches above grade outside of roadways. When a manhole is located in the pavement area, it shall not be constructed to final grade until the pavement has been completed, unless directed otherwise by the Director. (d) Install joint material per manufacturer’s instructions so that no voids are present. Grout all joints inside and outside after manhole assembly is completed. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 80 Packet Page 453 of 903 9-45 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (e) Gaskets for connecting PVC pipe to manhole sections shall be specifically manufactured for that purpose. The gasket shall provide for at least five bearing points on the pipe surface. The interior circumference of the gasket shall be approximately 5 percent less than the exterior circumference of the pipe. The gasket shall be as manufactured by Hamilton Kent Mfg. Co. of Kent, Ohio, or approved equivalent. All annular spaces around pipe openings must be grouted. (f) Stubs shall be provided at manholes when indicated on the construction plans. Such stubs shall be sealed with a removable plug. Plugs shall be specifically manufactured for the pipelines where they are to be installed. The plug shall be constructed of a material approved by the Director and shall provide a permanent watertight installation. (2) Adjusting Manhole Tops: When grade adjustment of an existing structure is specified, remove frames and covers and reconstruct as required. Reset cleaned frames at the indicated elevation. Prior to final acceptance, clean structures of accumulations of silt, debris, or foreign matter. (3) Testing Manholes: Refer to Section 9.17, “Testing of Gravity Sewer Pipelines and Manholes,” of these Standards. 9.17 Testing of Gravity Sewer Pipelines and Manholes (A) General This section describes the testing of gravity sewer pipelines and manholes including sanitary sewers and storm drains. (B) Materials The contractor shall provide all equipment and material specifically designed for the testing specified in this section. (C) Execution (1) Notification and Witness: The contractor shall notify the Director of all tests at least 48 hours prior to testing so that the Director can witness the tests. (2) When to Test: The pipe shall be tested for leakage after the pipe has been installed and the trench has been partially backfilled, except at the joints, or backfilled as permitted by the Director. (3) Testing Procedures (a) General: All sanitary sewer mains and appurtenances shall be cleaned, tested, and PACP TV inspected after backfill operations have been completed. The contractor shall furnish all labor, materials, tools, and equipment necessary to clean the pipe and appurtenances, perform the tests and all work incidental thereto. Any damages to the pipeline caused by cleaning or testing operations shall be repaired or replaced by the contractor (b) Alignment and Grade: Gravity sewer pipelines will be checked by the Director to determine whether any displacement of the pipe has occurred after the trench has been bedded. The maximum vertical deflection allowed for PVC pipe is five percent. The city may require the contractor to perform deflection tests of the Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 81 Packet Page 454 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-46 pipe before acceptance. Optional devices for testing include calibrated television, photography, properly sized go-no-go mandrel, sewer ball, or deflectometer. The method used shall be approved by the City. To ensure accurate testing, the line shall be thoroughly cleaned prior to testing. (4) Air Tests (a) Air testing of sanitary sewer pipes shall be done on all sections of pipe between manholes. The pipe shall be cleaned and may be wetted before air testing. The section of pipeline being tested shall be plugged at each manhole with pneumatic balls. (b) Low-pressure air shall be introduced into the plugged line until an internal pressure of 4 psig greater than the average backpressure of any ground water pressure that may submerge the pipe would cause. At least 2 minutes shall pass to allow air temperature to stabilize before the test time is started. (c) No pipeline installation will be accepted if the pressure drops 0.5 psig or more during the time and for the length of pipe shown in Table 9-7, “Specifications for Air Testing of Sanitary Sewer Pipes,” of these Standards: (d) If the pipeline installation fails the air test, repairs shall be made and the pipe shall be retested until it passes the air test. (5) Deflection (a) All PVC non-pressure pipes shall be tested for vertical deflection after placement and compaction of backfill. The maximum deflection allowed is 5 percent. (b) Method of testing shall be by calibrated television, photography, properly sized go-no-go mandrel, sewer ball, or deflectometer. The method used shall be approved by the Director. Any and all pipe with vertical defection greater than the allowable shall be excavated, and removed from the pipeline, replaced, backfilled and compacted as specified, and retested at the contractor’s expense. Table 9-7: Specifications for Air Testing of Sanitary Sewer Pipes Pipe Diameter (Inches) Minimum Test Time for Pipe Lengths up to Lengths in Column 3 (min:sec) Maximum Pipe Length for Minimum Time Testing in Column 2 (Feet) Minimum Test Time for Pipe Lengths Greater than Column 3 (Seconds) 4 1:53 597 0.190 x Pipe Length (Feet) 2:50 398 0.427 x Pipe Length (Feet) 8 3:47 298 0.760 x Pipe Length (Feet) 10 4:43 239 1.187 x Pipe Length (Feet) 12 5:40 199 1.709 x Pipe Length (Feet) 15 7:05 159 2.671 x Pipe Length (Feet) (6) Television (a) Following completion of sewer line work, the contractor shall perform and supply the City with a PACP TV inspection report and digital video of the sewer. TV inspections shall be performed by a PACP certified inspector. Prior to performing the TV inspection, the sewer improvements must be complete, Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 82 Packet Page 455 of 903 9-47 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD accessible, and cleaned using pressurized water sufficient to allow for a detailed inspection. The city will not accept inspections for lines that have not been cleaned. (b) Following TV inspections and any necessary repairs that the contractor may have identified, the city will review the inspection data. If the condition of the pipe is determined to be free of structural defects, deflections, debris, defects in pipe material, and other installation errors, the work will be eligible for acceptance. (D) Sanitary Sewer Manholes (1) General (a) During the construction of the manholes, the contractor shall, in accordance with good construction practice, ensure that no earth, sand, rocks or other foreign material exists on the joint surfaces during assembly of the sections. The Director shall check each manhole to determine whether the manhole fulfills the requirements of the construction plans and these Standards. (b) The Director shall visually check each manhole, both exterior and interior, for flaws, cracks, holes, or other inadequacies that might affect the operation or watertight integrity of the manhole. Should any inadequacies be found, any repairs deemed necessary by the Director shall be made by the contractor. (c) Exfiltration tests as specified above shall be performed on all sanitary sewer manholes. (2) Vacuum Testing: When required by the Director, sanitary sewer manholes shall be vacuum tested with the following procedure: (a) Each manhole shall be tested immediately after assembly and prior to backfilling. (b) All lift holes shall be plugged with an approved non-shrink grout. (c) No grout will be placed in the horizontal joints before testing. (d) All pipes entering the manhole shall be plugged, taking care to securely brace the plugs from being drawn into the manhole. (e) The test head shall be placed at the inside of the top of the cone section and the seal inflated in accordance with the manufacturer’s recommendation. (f) A vacuum of 10 inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum drop to 9 inches. The manhole shall pass if the time is greater than 60 seconds for one 48- inch diameter manhole, 75 seconds for 60 inches, and 90 seconds for 72 inches. (g) If the manhole fails the initial test, necessary repairs shall be made with a non- shrink grout while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test is obtained. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 83 Packet Page 456 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-48 9.18 Corrugated Metal Pipe (A) General (1) Scope: This section describes the furnishing and installation of corrugated metal pipe and appurtenances for drainage culverts in the pipe diameter size range of 12 to 54 inches. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) Corrugated Metal Pipe (a) Pipe shall be fabricated from zinc-coated (galvanized) iron or steel sheets conforming to AASHTO M-218 except as modified herein. The diameter or span by rise dimensions indicated on the drawings shall mean the nominal inside dimensions of the conduit. The widths of the laps and depths or corrugations shall be as specified in AASHTO M-36. The pipe shall have the following minimum gauge (specified thickness) for the sizes shown in Table 9-8, “Corrugated Base Metal Specifications,” of these Standards: Table 9-8: Corrugated Base Metal Specifications Diameter (Inches) Gauge Number Specified Galvanized Thickness (Inches) Specified Galvanized Thickness (Inches) 21 and Smaller 16 0.064 0.0598 24 14 0.079 0.0747 30 - 54 12 0.109 0.1046 (2) Dimpled Coupling Bands: The dimpled coupling bands shall be the same thickness as that used for the pipe and shall be at least 12 inches wide. The dimples shall conform substantially to the shape and depth of pipe corrugations and shall be in circumferential rows. Each row shall contain dimples so spaced as to effectively engage all corrugations of the pipe ends. All bands shall have at least two zinc coated bolts per connection, conforming to ASTM A 307, grade A, electroplated in accordance with ASTM A 164, Type RS, not less than ½ inch in diameter. The bands shall have end connection angles, conforming to ASTM A 36, zinc-coated in accordance to ASTM A 153, not less than 2 inches by 2 inches by 3/16 inch by 11 inches, adequately fastened to the band. (3) Fittings (Including Flared End Sections) and Specials: Fittings and specials shall be of the same material, coating, and wall thickness, including the same structural qualities, as the adjoining pipe. Steel flared end sections shall be furnished complete with field- bolted toe plates. (4) Repair of Damaged Spelter Coatings: Units such as tees, angles or bends on which the spelter coating has been burned by flame cutting and gas or arc welding, or otherwise damaged in fabrication or shipping, shall be wire-brushed and painted with two coats of Haltz-Rust HR-54-53 or equal conforming to Federal Specification and Standards, TT-P- Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 84 Packet Page 457 of 903 9-49 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD 641, or as otherwise approved by the Director. Culverts, pipes, fittings, specials, etc., on which the spelter coating has been bruised or broken either in the shop or in shipping, or that shows defective workmanship, will be rejected. (C) Execution Installation of corrugated steel pipe is considered to be a flexible conduit and, therefore, special care must be taken during the bedding and backfilling operations. Installation and backfilling operations shall be in accordance with the recommended practices set forth in the “Handbook of Steel Drainage and Highway Construction Projects,” published by the American Iron and Steel Institute. (1) Bedding (a) All pipe shall be bedded with an approved granular bedding material. The pipe shall be bedded true to line and grade with uniform and continuous support from a firm base. Blocking shall not be used to bring the pipe to grade. (b) The bedding material shall be placed evenly on both sides of the pipe to a point 12 inches above the top of the pipe. Special care shall be taken to ensure that all voids are filled beneath the pipe haunch and that the bedding material is properly placed and compacted to provide lateral restraint. The trench sidewall shall be adequately braced, shored or sheeted as necessary to stabilize the trench walls. The trench shall not be any wider than necessary for proper installation, and pipe jointing. The bedding material shall be placed under haunches and around the pipe alternately in 6-inch layers on both sides of the pipe to permit thorough consolidation of the bedding material. This material is placed alternately to keep it at the same elevation on both sides of the pipe at all times. (2) Backfilling: After the pipe has been properly installed and bedded, the remaining trench excavation shall be restored as set forth in Section 8-5-12, “Standards for Repairs and Restoration of Pavement or Sidewalks,” B.R.C. 1981. Pipe installed outside of public rights-of-way where no pavement is impacted may be backfilled in the following manner. The backfill shall be placed in 8-inch loose lifts and compacted to 90 percent Standard Proctor density (AASHTO T-180) with mechanical hand tampers, for the first 2 feet. At least 4 feet of cover over the top of pipe shall be provided before the use of wheel- mounted mechanical tampers (free drop hammer), hydraulic tampers, (Hydraulic ram hammers) or other heavy tamping equipment will be permitted. Puddling or jetting will not be allowed. (3) Removal of Trench Protection: Extreme care shall be taken in the removal of cribbing, shoring, sheeting, etc., so as not to disturb previously constructed foundation, bedding and initial backfill. If it was necessary to place or drive sheeting or other trench protection below the top of the pipe, the sheeting, shoring, etc., shall be cut off at a point 1 foot above the pipe and the remaining material shall be left in place. Removal of this portion could seriously jeopardize the side support necessary for “flexible conduits” and create excessive lateral soils pressures and pipe deflections. (4) Protection of Conduit During Construction: Maximum supporting strength in flexible conduits does not develop until the fill consolidates. Therefore, excessive concentrated loads or heavy equipment on top of or alongside if the pipe shall be avoided. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 85 Packet Page 458 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-50 9.19 Cured-in-Place Pipe (CIPP) (A) General (1) Scope: This section describes the reconstruction of pipelines and conduits by the installation of a resin-impregnated flexible tube that is inserted into the original non- pressure conduit. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. (B) Materials (1) Resin-Impregnated Tube (a) The tube shall meet the requirements of ASTM F1216 and shall have a uniform thickness that, when compressed at installation pressures, will equal the specified nominal tube thickness, with a -5 percent manufacturing tolerance. The tube shall be fabricated to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretching during insertion. The minimum length shall be that deemed necessary by the contractor to effectively span the distance between respective access points unless otherwise specified. The contractor shall verify the lengths and diameters in the field before fabricating the tube. Individual insertion runs can be made over one or more manhole sections as determined in the field by the contractor. The maximum allowed insertion run is 1,200 feet. Intermediate manholes will be reopened as directed by the Director. (b) The outside layer of the tube (before insertion) shall be translucent plastic coated with a flexible material that clearly allows inspection of the resin impregnation (wet-out) procedure. The translucent plastic coating on the tube will allow visual proof that the resin has wet-out the entire tube and that there are no dry areas. A vacuum shall be used to ensure the resin fills all dry areas. The plastic coating shall not be subject to delamination after curing of the CIPP. (c) The tube shall be homogenous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No materials will be allowed in the tube that is subject to delamination of the cured CIPP. (2) Resin: The resin system shall meet the requirements of ASTM F1216. (3) Structural Requirements (a) The CIPP wall thickness will be measured in accordance with the applicable sections of ASTM Test Method D2122. Sufficient readings, at least eight, will be made to ensure that the minimum thickness has been determined. A cylindrical anvil tubing micrometer accurate to +0.02mm (+0.001 in) will be used. The minimum wall thickness at any cross section shall meet or exceed those shown on the proposal forms and the approved plans, with the allowable minus five (-5) percent tolerance. The wall thickness tests will be performed by a Certified Independent Laboratory, approved by the Director. All costs, for testing, shall be borne by the contractor. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 86 Packet Page 459 of 903 9-51 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (b) The layers of the CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly of the probe or knife blade moves freely between the layers, nor shall separation of any layers occur during testing performed under the requirements of this specification. (c) The cured pipe material (CIPP) shall conform to the minimum structural standards, as follows: (i) Flexural Stress (ASTM D-790) 4,500 psi (ii) Modulus of Elasticity (ASTM D-790) 250,000 psi (d) The liner shall be designed assuming a fully deteriorated host pipe. (C) Execution (1) Cleaning (a) The contractor shall be required to remove all internal debris from the line by use of water jet equipment prior to inserting the CIPP tube. The cleaning operation shall remove any and all debris so that each joint of pipe can be thoroughly inspected and successfully reconstructed. (b) All sludge, dirt, sand, rocks, grease and other solid or semi-solid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from one manhole to another will not be permitted. (c) All such debris resulting from the cleaning operations shall be removed from the site and disposed of in the proper manner. The contractor shall bear all costs associated with testing of debris and proper dumping. Dumping of the debris shall be in accordance with all local, state, and federal regulations. (d) All debris shall be removed from the downstream manhole and the site no less often than at the end of each workday. The contractor shall leave no debris unattended at the site. Under no circumstances will the contractor be allowed to accumulate debris beyond the stated time. In the event the contractor has not removed the debris generated by the cleaning operation, the contractor will not be allowed to proceed with the work until the debris is properly removed. (e) During all sewer cleaning operations, satisfactory precautions shall be taken to protect the sewer lines from damage that might occur by improper use of cleaning equipment. Precautions shall be taken to ensure that the cleaning operation will not cause any damage or flooding to public or private property being served by the section of sewer line being cleaned. The contractor shall bear all costs associated with any flooding or damage to basements or structures. (2) Bypassing Flows: The contractor shall provide for flows around the section(s) of pipe designated for rehabilitation. The bypass shall be made by plugging the line at an existing upstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. Bypassing includes any main lines and service lines, street gutters or open excavations. Any spills that occur must be immediately cleaned and the affected area disinfected. (3) Inspection of Pipelines: Inspections of pipelines shall be performed by trained personnel experienced in locating breaks, obstacles and service connections by closed circuit Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 87 Packet Page 460 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-52 television. The inspection of pipelines is also to determine active service connections and the addresses that they serve. The interior of the pipe shall be carefully inspected to determine the location of any conditions that may prevent proper installation of the CIPP into the pipeline and it shall be noted so these conditions can be corrected. The contractor shall perform and supply the City with a PACP TV inspection report and digital video of the sewer prior to and after installation of the CIPP lining. (4) Line Obstructions: It shall be the responsibility of the contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of the CIPP. If pre- installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will prevent the inversion process, and it cannot be removed by conventional cleaning equipment, then the contractor shall repair the excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the Director prior to the commencement of the work. (5) CIPP Installation (a) CIPP installation shall be in accordance with ASTM F1216, Section 7, with the additional following requirements. The resin shall be cured by circulating hot water within the tube. After curing, the finished pipe (CIPP) shall be continuous and tight fitting. (b) The contractor, and the Director, shall designate a location where the tube will be impregnated with resin prior to installation, in order that an inspection can be made to determine proper materials and procedures. A resin and catalyst system compatible with the requirements of this method shall be used. (c) The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing heat supply. Another such gauge shall be placed at the remote manhole to determine the temperature at that location during the cure. If air pressure and steam are used with styrene-based resins, the compressed atmosphere shall be monitored with a safety gas detector to ensure that it does not reach the explosive limit. (d) The finished CIPP shall be continuous over the entire length of an insertion run between two manholes and be free, as commercially practicable, from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. It shall also meet the leakage/pressure test requirements specified below (water tightness). (e) Before the insertion process begins, the minimum pressure required to hold the tube tight against the existing conduit and the maximum allowable pressure so as not to damage the tube shall be provided by the tube manufacturer, and it will be the contractor’s responsibility to obtain and submit this information to the Director. Once the insertion has started, the pressure shall be maintained between the minimum and maximum pressures until the operation has been completed. If air pressure is used for inversion, the equipment shall be fitted with a pressure gauge accurate to 0.01 psi. Should the pressure deviate from within the range of minimum and maximum pressures, the installed tube will be rejected, and the contractor will remove and dispose of the tube, at their expense. (f) Before the curing process begins, the pressure required to hold the flexible tube tight against the host pipe shall be provided by the tube manufacturer and submitted to the Director prior to any inversion process. Once the cure has started and dimpling for laterals is completed, the required pressure shall be Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 88 Packet Page 461 of 903 9-53 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD maintained until the cure is complete. Should the pressure deviate more than 1 psi (2.3 feet of water) from the required pressure during the critical curing period, the tube will be rejected, and the contractor will be responsible for its removal and disposal and replacement with new CIPP at, at their expense. A complete log of the pressures shall be maintained on site and shall be offered to the Director after each inversion. (6) Sealing at Manholes: A hydrophilic end seal shall be installed at the upstream and downstream manholes prior to installation of the CIPP liner. The end seals shall be LMK Insignia End Seals or equivalent. (7) Service Connections (a) After the curing of the CIPP is completed, the contractor shall restore the existing active service connections and branch connections. The connections shall be reopened without excavation, and in the case of non-man entry pipes, from the interior of the pipeline utilizing a remotely controlled cutting device, monitored by a closed-circuit television camera, that re-establishes them to not less than 95 percent capacity, while conforming to the shape of the existing opening. All reinstated openings shall be smoothed by brushing with a wire brush. (b) The contractor shall verify the possession of at least two complete cutting devices in good working order before each insertion. (c) If excavations for the purpose of re-opening connections are required, the contractor will be responsible for all costs and liability associated with such excavation and restoration work. (d) No service connection shall remain out of service for more than 24 hours at a time unless the contractor has provided temporary facilities or other appropriate accommodations for the affected service. (8) Testing: CIPP samples shall be prepared and tested in accordance with ASTM F1216, Section 8.1, using both methods 8.1.1 and 8.1.2 if so required by the Director. The test will be performed by a Certified Independent Laboratory, approved by the city. Tests results shall be submitted to the Director. Costs of the tests are considered to be incidental to the project. (9) Visual Inspection: Visual inspection of the CIPP shall be in accordance with ASTM F1216, Section 8.4. The contractor shall perform and supply the City with a PACP TV inspection report and digital video of the sewer prior to and after installation of the CIPP lining. 9.20 Pipe Bursting Non-Pressure Pipe (A) General (1) Scope: This section describes the reconstruction of pipelines and conduits by which a bursting unit splits the existing pipe while simultaneously installing a new polyethylene pipe of the same size or larger where the old pipe existed. (2) Quality Assurance: Manufacturer’s certificates of compliance and installation recommendations shall be provided to the City inspector prior to construction. Installation recommendations shall be followed during construction. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 89 Packet Page 462 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-54 (B) Materials (1) Polyethylene Plastic Pipe: The pipe shall be high density polyethylene pipe and meet the applicable requirements of ASTM F714 Polyethylene (PE) Plastic Pipe (SDR-PR). Sizes of the insertions to be used shall be such to renew the pipe to its original or greater flow capacity. The pipe shall be homogenous throughout and shall be free of visible cracks, holes, foreign material, blisters, or other deleterious faults. (2) Dimension Ratios: The polyethylene pipe shall meet or exceed the thickness requirement of SDR 17. (C) Execution (1) Bypassing Flows: The contractor shall provide for flow around the section(s) of pipe designated for reconstruction. The bypass shall be made by plugging the line at an existing upstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. Bypassing includes any main lines and service lines, street gutters or open excavations. Any spills that occur must be immediately cleaned and the affected area disinfected. (2) Inspection: Inspection of work shall be in accordance with Section 9.17, “Testing of Gravity Sewer Pipelines and Manholes,” of these Standards. (3) Equipment: The pipe bursting tool shall be designed and manufactured to force its way through existing pipe material by fragmenting the pipe and compressing the old pipe sections into the surrounding soil as it progresses. The bursting unit shall be pneumatic and shall generate sufficient force to burst and compact the existing pipeline. The bursting tool shall be selected in accordance with the manufacturer’s recommendations to meet the project specific requirements for the type and size of pipe being burst and upsized if specified. The pipe bursting tool shall be pulled through the sewer by a winch located at the receiver pit. The bursting unit shall pull the polyethylene pipe with it as it moves forward. 9.21 Telecommunication or Cable System Standards The installation and construction of telecommunication or cable systems shall comply with the requirements as set forth in Chapter 11-6, “Boulder Cable Code,” B.R.C. 1981, and these Standards. (A) General (1) Applicable National Standards: All telecommunications and cable system construction shall conform to the requirements of the following standards: (a) American National Standards Institute, Inc. (ANSI), Electronic Industries Association (EIA), and Telecommunications Institute of America (TIA) Standards: EIA/TIA Standards Proposal No. 2840-A, Proposed Revision of EIA/TIA-568 (if approved to be published as EIA/TIA-568-A), EIA/TIA-569 Commercial Building Standard for Telecommunications Pathways and Spaces, and TIA/EIA-607 Commercial Building Grounding and Bonding Requirements for Telecommunications. (b) National Electrical Safety Code (NESC) C2-1993, published by the Institute of Electrical and Electronics Engineers (IEEE), Inc. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 90 Packet Page 463 of 903 9-55 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (c) National Electrical Code (NEC), published by the National Fire Protection Association (NFPA). (d) Federal Communications Commission. (e) Colorado Public Utilities Commission. (f) Williams-Steiger Occupational Safety and Health Act (OSHA). (2) Construction Plans Required: Detailed construction plans, as outlined in Chapter 1, “General Requirements,” of these Standards, showing the specific underground and/or aerial cable routing and associated conduit, manhole and/or pole locations and specifications, shall be submitted to the Director’s office for review and approval. (a) Construction plans for Directional Boring or Narrow Trenching operations shall meet design standards of Subsurface Engineering (SUE) Level B or above. At the City’s request, the applicant shall provide full engineered plan & profile drawings. (3) Protection of Systems: All systems shall be protected from washouts, floods, unstable soil, landslides, or other hazards that may cause the facility to move or fail. (B) Underground Facilities (1) Cable Protection (a) All buried telecommunications cable shall be installed in conduit, PVC Schedule 40SDR 9 or 11 HDPE pipe, or equivalent. Cable placement by means of direct plow-in will not be allowed within the City’s rights-of-way. (b) Major conduit duct banks (more than 4 conduits) and those comprising a portion of the City’s telecommunications conduit backbone infrastructure shall be encased in concrete with a minimum strength of 2000 psi. When encased in concrete, conduit may be PVC Type EB, DB, or equivalent. The concrete encasement shall have a minimum thickness of 4 inches around the entire conduit or duct bank. (c) Multiple duct systems shall have spacers installed at intervals to allow the concrete mix encasement throughout the entire duct structure. (d) Conduit placed by directional bore method will be allowed subject to approval by the Director. (2) Depth of Cover: The minimum depth of cover over the conduit shall be 30 inches. (a) Narrow Trenching Exception: For existing pavements 6 inches or less, distance from top of pavement to top of conduit is 10 inch minimum, 24 inch maximum. For Existing pavements greater than 6 inches thick, distance from top of pavement to top of conduit equals the pavement thickness plus 4 inches minimum, 24 inch maximum. (i) If Narrow Trench abuts lip of curb & gutter, minimum depth of conduit is 12''. (3) Trench Specifications - Roadway and Other Paved Surfaces (a) All trenches shall be open cut unless otherwise permitted by the city. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 91 Packet Page 464 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-56 (b) Trenches shall have a minimum width of 10 inches. unless Narrow Trenching is proposed where minimum trench width is 1 inch and maximum is 3 inch, but no greater than 1 inch maximum of conduit size. (c) Trench backfill and surface restoration shall comply with the standards as set forth in Section 8-5-12, “Standards for Repairs and Restoration of Pavement and Sidewalks,” B.R.C. 1981. (d) Narrow Trenching can about the concrete lip line of curb gutter with 12-inch minimum conduit depth. (e) Narrow Trench cannot be placed within 2 feet of vehicle wheel paths. If street is signed, labeled or striped as a shared roadway for both bicycle and vehicular traffic, narrow trench cannot be within 2 feet of the common wheel paths. (f) Narrow Trench alignment on roadways must be marked out and follow the designated path so that the finished product has straight lines. Trenches that deviate from a straight path will be subject to mill and overlay, at the city’s discretion upon inspection. (4) Trench Specifications - Landscaped Areas (a) All trenches shall be open cut unless otherwise permitted by the City. (b) Trenches shall have a minimum width of 10 inches., with exception to narrow trenching where minimum width is 1 inch and max is 3 inches. (c) Trenches shall be backfilled and compacted to at least 90 percent of maximum density at optimum moisture content as determined by ASTM D698. (d) The City shall be contacted if there is any question whether or not the proposed work will cause any damage to trees shrubs or other landscaping or if construction is within 5 feet of a tree. All utility construction near existing trees shall abide by the tree protection requirements specified in Chapter 3, “Streetscape Design,” of these Standards. (5) Alternative Installation Methods: Boring or Narrow Trenching methods may be allowed by the Director if the Director finds that these methods are advantageous to the city or if industry standard open trench methods are impractical. (a) Missile method for tunneling under curb/gutter and sidewalks can be used as an Alternative for lateral installation associated with Narrow Trenching. Any voids must be between tunnel walls and conduit placed must be filled with flowable fill and use of a concrete vibrator is required. (6) Joint Use Trench Requirements (a) Joint trenching operations require advanced planning and coordination with the utilities involved. (b) Vertical and horizontal separations between telecommunications or cable systems and other facilities shall be maintained as required by NESC Section 32, Underground Conduit Systems. Conduit systems for telecommunications and cable systems shall be separated from conduit systems for power supply systems by: (i) 3 inches of concrete, (ii) 4 inches of masonry, or Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 92 Packet Page 465 of 903 9-57 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (iii) 12 inches of well-tamped earth. (7) Warning Tape: A cable warning tape shall be placed 12 to 18 inches above the conduit in the trench. (a) For Narrow Trenching, warning tape is recommended but not required. (8) Manholes (a) All cavities required for cable pulling purposes shall be constructed as load bearing manholes or handholes. Handholes shall not be placed in any traveled lane, road shoulders, sidewalk, multi-use path, or bike lane. (b) Manholes or handholes shall be placed at maximum 1,200 feet intervals. In no case shall conduit bend radius exceed 180 degrees between manholes. Manholes shall be installed at each street intersection at a minimum. Manholes shall be rectangular: 6 feet wide by 7 feet long by 4 feet deep; or circular 4 feet diameter with a nominal depth of 4 feet minimum. (c) Manholes or handholes shall be installed flush or ¼” below the surrounding grade. (C) Aboveground Facilities (1) Facility Protection: All aboveground facilities shall be protected from accidental damage by vehicular traffic impacts or similar causes either by being located a safe distance away from traffic or by structural barricades. (2) Obstruction to Traffic Prohibited: All aboveground facilities shall be located so as not to cause unnecessary obstruction to pedestrian and vehicular traffic. (3) Clearances: All aboveground telecommunications facility construction shall conform with the minimum clearances as specified in Section 23 of the NESC. (a) Cables shall maintain the following minimum clearances between any adjacent or crossing power cables under all conditions of cable loading: (i) Horizontal clearances shall be at least 5 feet from power cables at a potential of up to 129 kV, and at least 5 feet plus 0.4 inches per kV over 129 kV from power cables exceeding a potential of 129 kV. (ii) Vertical clearances shall be at least 4 feet from power cables at a potential of up to 750 V, at least 6 feet from power cables at a potential of 750 V to 22 kV, at least 6 feet plus 0.4 inches per kV over 22 kV from power cables at a potential between 22 kV and 470 kV. Vertical clearances shall comply with NESC Rule 233C3 for minimum clearance from cables at a potential greater than 470 kV. (b) Cables, poles, and stubs shall maintain the following minimum clearances from power conductors, power poles and other objects: (i) Poles shall have a minimum clearance of 4 feet from fire hydrants, signal pedestals, and call boxes. (ii) Cables shall have a minimum horizontal clearance from power poles in no wind conditions. (iii) Poles and stubs shall have a minimum horizontal clearance of 5 feet in no wind condition from power wires up to 50 kV. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 93 Packet Page 466 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-58 (c) Poles shall have a minimum separation of at least 2 feet from the street side of the curb to the nearest part of the pole and shall be located a sufficient distance from the street side of the curb to avoid contact with ordinary vehicles using the road. (d) Poles shall have at least 12 feet horizontal clearance from the nearest rail to the nearest part of the pole. (e) Cables shall have at least 2 feet vertical clearance from Police and Fire Alarm facilities. (f) Cables shall have at least 3 feet clearance in all directions from signs, chimneys, tanks, and other installations. (g) Cables shall maintain the following minimum vertical clearances as measured from the lowest point of the cable when crossing the following objects: (i) Roads, Streets, and all areas subject to truck traffic: 18 feet. (ii) Alleys, Driveways, and Parking Lots: 18 feet. (iii) Railroad tracks: 28 feet. (iv) Roofs, not accessible: 4 feet. (v) Spaces and Ways, accessible to pedestrians only: 12 feet. (vi) Roofs, accessible to vehicular traffic, but not trucks: 12 feet. (h) Cables shall maintain a minimum vertical clearances of 16 feet as measured from the lowest point of the cable when running alongside but not overhanging roads, streets, or alleys. (i) A minimum vertical clearance of 40 inches shall be maintained between telecommunications cables and power cables at the attachment points on joint use poles. 9.22 Electric Power Facility Standards The following standards shall apply to all electric power related facilities constructed within the City’s public rights-of-way or easements. (A) General (1) Undergrounding Required: All electric power facilities constructed in the City’s public rights-of-way or easements shall be underground unless otherwise permitted by franchise or the Director. (2) National Standards: All electric power facility construction shall conform to the requirements of the following standards: (a) 1993 National Electrical Safety Code (NESC) C2-1993, published by the Institute of Electrical and Electronics Engineers (IEEE), Inc. (b) National Electrical Code (NEC), published by the National Fire Protection Association (NFPA). (c) Colorado Public Utilities Commission. (d) Williams-Steiger Occupational Safety and Health Act (OSHA). Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 94 Packet Page 467 of 903 9-59 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (3) Construction Plans Required: Detailed construction plans, as outlined in Chapter 1, “General Requirements,” of these Standards, showing the specific underground and/or aerial cable routing and associated conduit, manhole and/or pole locations and specifications, shall be submitted to the Director for review and approval. (4) Protection of Facilities: All facilities must be protected from washouts, floods, unstable soil, landslides, or other hazards that may cause the facility to move or fail. (B) Underground Facilities (1) Underground Cable Protection (a) All primary circuits (greater than 600 volts) located under concrete road surfaces, where circuit density is high, and in all arterial roads shall be installed in conduit, 4-inch minimum diameter, PVC Type EB, DB or equivalent. All conduit joints shall be solvent welded. The conduit shall be encased in concrete with a minimum strength of 2000 psi and have a minimum thickness of 4 inches around the entire conduit or duct bank. (b) All secondary circuits (600 volts or less) supplying services larger than 800 amperes shall be installed in conduit, 2-inch minimum diameter, PVC Type EB, DB or equivalent. All conduit joints shall be solvent welded. The conduit shall be encased in concrete with a minimum strength of 2000 psi and have a minimum thickness of 4 inches around the entire conduit or duct bank. (c) Multiple duct bank systems shall have spacers installed at intervals to allow the concrete mix encasement throughout the entire duct structure. (2) Depth of Cover (a) The minimum depth of cover over primary circuits (greater than 600 volts) shall be 42 inches. (b) The minimum depth of cover over secondary circuits shall be 30 inches (600 volts or less). (c) The minimum depth of cover over circuits for street lighting and signals shall be 18 inches. (3) Trench Specifications - Roadways and Other Paved Surfaces (a) All trenches shall be open cut unless otherwise permitted by the Director. (b) Trenches shall have a minimum width of 10 inches. (c) Trench backfill and surface restoration shall comply with the standards as set forth in Section 8-5-12, “Standards for Repairs and Restoration of Pavement and Sidewalks,” B.R.C. 1981. (4) Trench Specifications - Landscaped Areas (a) All trenches shall be open cut unless otherwise permitted by the Director. (b) Trenches shall have a minimum width of 10 inches. (c) Trenches shall be backfilled and compacted to at least 90 percent of maximum density at optimum moisture content as determined by ASTM D698. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 95 Packet Page 468 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-60 (d) The City shall be contacted if there is any question whether or not the proposed work will cause any damage to trees, shrubs or other landscaping or if construction is within 5 feet of a tree. (5) Alternative Installation Methods: Boring methods may be allowed by the Director if the Director finds that these methods are advantageous to the city or if open trench methods are impractical. (6) Joint Use Trench Requirements (a) Joint trenching operations require advanced planning and coordination with the utilities involved. (b) Vertical and horizontal separations between electric power facilities and other facilities shall be maintained as required by the NESC section 32 Underground Conduit Systems. (7) Warning Tape: A cable warning tape shall be placed 12 to 18 inches above the conduit or cable in the trench. (8) Manholes: All cavities required for cable pulling purposes shall be constructed as load bearing manholes or handholes. Handholes shall not be placed in any traveled lane including road shoulders, sidewalks, multi-use paths, or bike lanes. (C) Aboveground Facilities (1) General (a) All aboveground facilities shall be protected from accidental damage by vehicular traffic impacts or similar causes either by being located a safe distance away from traffic or by structural barricades. (b) All aboveground facilities shall be located so as not to cause unnecessary obstruction to pedestrian and vehicular traffic. (2) Clearances: The minimum overhead transverse clearance shall conform to National Electrical Safety Code Standards but shall not be less than 18 feet measured from the highest point of the road prism to the bottom of the cable. 9.23 Gas Distribution Facility Standards The following standards shall apply to all gas distribution related facilities constructed within the City’s public rights-of-way or easements. (A) General (1) Undergrounding Required: All gas distribution facilities constructed in the City’s public rights-of-way or easements shall be underground unless otherwise permitted by franchise or the Director. (2) National Standards: All gas distribution facility construction shall conform to the requirements of the following standards: (a) Minimum Federal Safety Standards for Natural Gas Pipelines in the Code of Federal regulations 49 Part 192. (b) Colorado Public Utilities Commission. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 96 Packet Page 469 of 903 9-61 DESIGN AND CONSTRUCTION STANDARDS Effective: June 20, 2019TBD (c) Williams-Steiger Occupational Safety and Health Act (OSHA). (3) Construction Plans Required: Detailed construction plans, as outlined in Chapter 1, “General Requirements,” of these Standards, showing the specific gas distribution line and appurtenances locations and specifications, shall be submitted to the Director for review and approval. (4) Protection of Facilities: All facilities must be protected from washouts, floods, unstable soil, landslides, or other hazards that may cause the facility to move or fail. (B) Underground Facilities (1) Materials (a) Steel or plastic material shall be used for the gas distribution pipe. (b) All plastic pipe must be installed below ground level. (2) Depth of Cover (a) Depth of cover shall be measured from the final grade to the top of the pipe. (b) Minimum depth of cover for shall be 36 inches for transmission lines and 30 inches for distribution lines. (c) Minimum depth of cover for service lines shall be 24 inches. (d) Transmission and distribution lines installed under streams and ditches must have minimum cover of 48 inches. (3) Trench Specifications - Roadways and Other Paved Surfaces (a) All trenches shall be open cut unless otherwise permitted by the Director. (b) Trenches shall have a minimum width of 10 inches. (c) Trench backfill and surface restoration shall comply with the standards as set forth in Section 8-5-12, “Standards for Repairs and Restoration of Pavement and Sidewalks,” B.R.C. 1981. (4) Trench Specifications - Landscaped Areas (a) All trenches shall be open cut unless otherwise permitted by the Director. (b) Trenches shall have a minimum width of 10 inches. (c) Trenches shall be backfilled and compacted to at least 90 percent of maximum density at optimum moisture content as determined by ASTM D698. (d) The City shall be contacted if there is any question whether or not the proposed work will cause any damage to trees, shrubs or other landscaping or if construction is within 5 feet of a tree. (5) Alternative Installation Methods: Boring methods may be allowed by the Director if the Director finds that these methods are advantageous to the city or if open trench methods are impractical. (6) Joint Use Trench Requirements (a) Joint trenching operations require advanced planning and coordination with the utilities involved. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 97 Packet Page 470 of 903 Effective: June 20, 2019TBD DESIGN AND CONSTRUCTION STANDARDS 9-62 (b) Vertical and horizontal separations between gas distribution facilities and other facilities shall be 6 inches minimum. (7) Warning Tape: A cable warning tape shall be placed 12 to 18 inches above the conduit in the trench. (8) Components (a) Transmission line valves shall be installed in boxes or be otherwise readily accessible. (b) Transmission line pressure relief and pressure limiting devices shall be installed in underground vaults, unless aboveground installation is permitted by the Director. (c) All service lines shall be equipped with shutoff valves. (d) An electrically conductive tracer wire shall be installed with all plastic and non- conductive pipes. (9) Casing Pipe: Gas pipe shall be installed in casings under all highways. Casing pipe shall be steel pipe with a wall thickness of 1/4 inch minimum extending at least 5 feet beyond the limits of any highway improvements. (10) Corrosion Protection (a) All pipes susceptible to corrosion shall be cathodically protected and have a protective coating. (b) All corrosion susceptible pipes must also be electrically isolated from other metallic structures. (C) Testing Requirements All newly constructed pipes shall be tested prior to placing the line in service. No pipe shall be placed in service, or returned to service, with leaks or without adequate corrosion protection. (1) Pressure Testing: All pipes shall be pressure tested for leakage as described in CFR 49 part 192. In order to establish the maximum allowable operating pressure (MAOP), pipes shall be tested at 1-1/2 times the MAOP. (2) Corrosion Control Testing: Corrosion control devices shall be tested whenever the pipe is exposed for maintenance or repair. Additionally, all corrosion control devices must be tested at least once each calendar year. (3) Records Retention: Records of the testing shall be maintained for the life of the pipe. (D) Aboveground Facilities (1) Facility Protection: All aboveground facilities shall be protected from accidental damage by vehicular traffic impacts or similar causes either by being located a safe distance away from traffic or by structural barricades. (2) Traffic Obstruction Prohibited: All aboveground facilities shall be located so as not to cause unnecessary obstruction to pedestrian and vehicular traffic. Exhibit A to Ord. 8679 DCS Ch. 9 Redlines Item 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 98 Packet Page 471 of 903 Exhibit B to Ord. 8679 DCS Ch. 11 Technical Drawing 4.05AItem 3I - Ord. 8672 1st rdg DCS Narrow Trenching Page 99Packet Page 472 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Second reading and consideration of a motion to adopt Ordinance 8668 amending Title 9, “Land Use C ode,” B.R.C. 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine-Balsam Area and to eliminate SUMP principles for certain buildings with permanently affordable units, and setting forth related details P RI MARY STAF F C ON TAC T Karl Guiler, Policy Advisor Senior RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to adopt Ordinance 8668 amending Title 9, “Land Use C ode,” B.R.C. 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine-Balsam Area and to eliminate SUMP principles for certain buildings with permanently affordable units, and setting forth related details. AT TAC H ME N T S: Description I tem 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Packet Page 473 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Second reading and consideration of a motion to adopt Ordinance 8668 amending Title 9, “Land Use Code,” B.R.C. 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine-Balsam Area and to eliminate SUMP principles for certain buildings with permanently affordable units, and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager Mark Woulf, Assistant City Manager Brad Mueller, Director of Planning & Development Services Charles Ferro, Senior Planning Manager Karl Guiler, Senior Policy Advisor EXECUTIVE SUMMARY Ordinance 8668, found in Attachment A, is associated with a complex redevelopment plan for the Alpine Balsam site with consolidated government facilities and permanently affordable housing. The purpose of this item is for City Council to decide upon the ordinance, which would apply revised trip reduction standards appropriate to the Alpine Balsam area, a revised regulating plan for the Alpine-Balsam Area consistent with an area plan amendment based on right-of-way design of 11th Street, and to eliminate SUMP (Shared, Unbundled, Managed, and Paid) parking principles for certain buildings with permanently affordable units, all of which would enable the Alpine Balsam redevelopment project to move forward. Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 1 Packet Page 474 of 903 For the background, process, details on the Alpine Balsam project, review the detailed Planning Board memorandum from Sept. 24 at this link or review the separate memorandum to City Council on the development project within the same council packet. The development review applications (i.e., Form-Based Code and Site Review) were unanimously approved by Planning Board on Sept. 24. The requested Use Review application was denied based on the proposed removal of commercial space along Broadway. Planning Board recommended approval of an amendment to the Alpine Balsam area plan and the subject ordinance with one change as noted in the ‘Board and Commission Feedback’ section. The change has been incorporated into Ordinance 8668. On Oct. 17, City Council considered Ordinance 8668 on first reading as well considering all of the Alpine Balsam development review applications for call up. City Council passed the ordinance on first reading and did not call up the applications. STAFF RECOMMENDATION Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8668 amending Title 9, “Land Use Code,” B.R.C. 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine-Balsam Area and to eliminate SUMP principles for certain buildings with permanently affordable units, and setting forth related details. RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None. BOARD AND COMMISSION FEEDBACK Planning Board – Ordinances changing the Land Use Code require Planning Board recommendation to City Council. Planning Board reviewed the Alpine Balsam redevelopment applications (i.e., Form-Based Code Site Review and Use Review) and associated area plan amendment and ordinance on Sept. 24, 2024. At the hearing, the board unanimously approved the Form-Based Code and Site Review applications, but did not recommend approval of the Use Review, since the proposal was found to not meet the criteria for mixed-use by removing the commercial uses along Broadway. Planning Board recommended approval of Ordinance 8668 per the motions below: Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 2 Packet Page 475 of 903 •Motion by ML Robles, seconded by K. Nordback, to recommend to City Council approval of an ordinance amending Title 9, “Land Use Code,” B.R.C. 1981, to adopt trip reduction standards and a revised regulating plan for the Alpine- Balsam Area and to eliminate SUMP principles for certain buildings with permanently affordable units, and setting forth related details. 7:0. Main motion passes as amended below. •Motion by L. Kaplan, seconded by J. Boone, to amend the main motion such that in the ordinance, Section 9-9-22(c) shall read “in the Alpine-Balsam area as a whole, at least 30% of the trips generated by the development shall be made by alternative modes or avoided.” 7:0 Motion to amend passes. Staff has incorporated the proposed change to the trip generation percentage (i.e., increase from 20 percent to 30 percent) per the board recommendation within the proposed ordinance in Attachment A. Planning Board felt that the site is in a transit rich area and could achieve a higher percentage of alternative modes use. Planning Board also recommended approval of the associated Alpine Balsam area plan amendment and development review applications as discussed in the ‘Executive Summary’ above and as further outlined in the Planning Board memo. PUBLIC FEEDBACK For each of the applications, required public notice was provided in the form of written notifications to property owners within 600 feet of the subject property. In addition, a public notice sign was posted on the property and therefore, all public notice requirements of section 9-4-3, “Public Notice Requirements,” B.R.C. 1981 were met. Staff has received questions via phone from nearby community members, two of whom expressed concerns about traffic and parking and several others with questions about proposed street connections. Staff has also received several phone calls and emails from residents expressing support for the proposed redevelopment. All written public comments received by staff may be reviewed in the Sept. 24 Planning Board memo at this link. BACKGROUND Ordinance 8668 is associated with a complex redevelopment plan for the Alpine Balsam site. For the background, process, details on the proposal, which includes new government facilities and residential uses, and staff analysis of the application compliance with code criteria, review the detailed Planning Board memorandum from Sept. 24 at this link. The development review applications (i.e., Form-Based Code, Site Review and Use Review) were unanimously approved by Planning Board. Planning Board also recommended approval of ordinance with one change as noted in the ‘Board and Commission Feedback’ section. This change has been incorporated into the ordinance as noted above. Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 3 Packet Page 476 of 903 On Oct. 17, City Council considered Ordinance 8668 on first reading as well considering all of the Alpine Balsam development review applications for call up. City Council passed the ordinance on first reading and did not call up the applications. Proposed Ordinance 8668 The proposed ordinance in Attachment A would amend the FBC Regulating Plan Map in Appendix M of the Land Use Code to reflect the requested Area Plan Amendments related to changing the 11th Street public right-of-way to a private access lane. The regulating map is also proposed to be updated to depict a more accurate alignment of a required east-west right-of-way on the west side of the site (with the center of the connection on the property lines) and the relocation of the mobility hub to the east side of the north-south right-of-way on the west side of the site. The proposed ordinance would also do the following: • Amend Section 9-9-6(i) of the Land Use Code to allow the city manager to exempt buildings with permanently affordable units that are funding with Low Income Housing Tax Credit (LIHTC) funding from the requirement in the MU-4 and RH-7 districts for certain residential uses to unbundle parking from other costs. This would allow those projects to maximize use of LIHTC funding for the building. This amendment would support the financial viability of some permanently affordable housing projects. If unbundling of parking were required of such projects, other funding sources would have to be found for any parking that is provided (unbundled parking is when parking spaces are leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units); and • Modify the trip generation requirements of Section 9-9-22 to require 30% of trips of a project in the MU-4 or RH-6 or RH-7 zone within the Alpine Balsam area to be avoided or by a mode of transportation other than the single-occupant motor vehicle. The current 55% requirement was originally created for the Boulder Junction transit-oriented development area. A higher trip reduction was established for that area as Boulder Junction benefits from managed parking and access districts, increased density, enhanced walkability, and proximity to transit routes like bus rapid transit, current bus routes, and future rail transit. Staff finds that a 30% avoidance or alternative mode requirement (as recommended by Planning Board) will accomplish the goal to minimize traffic impacts in the area, minimize land used for parking in the area, and for efficient use of parking this area while being reasonably achievable considering the transit opportunities and characteristics of the Alpine-Balsam area. Without adoption of the proposed ordinance, the FBC and Site and Use Review Applications cannot meet all applicable code requirements. If adopted, changes would go into effect 30 days after adoption by City Council. The ordinance would allow the proposed changes to apply to the applications under call up consideration by the City Council. Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 4 Packet Page 477 of 903 ANALYSIS Staff recommends that City Council adopt Ordinance 8668 (found in Attachment A) for the following reasons: • The code changes would enable the proposed project discussed within this memorandum to proceed as designed with equivalent connectivity and mobility hub service provision. Design of 11th Street as a private access lane will allow for enhanced curbside demand management applications, including Flexible Loading Zones and designated Transportation Network Company (Uber and Lyft) pick-up and drop-off locations, the use of permeable pavers supporting stormwater quality, and narrow, raised crossings at both the enhanced paseo and greenway for increased pedestrian visibility and safety. The private access lane design would also create enhanced access to mobility hub services including micromobility compared to the standard public right-of-way design with drive lanes, sidewalks, and tree lawns. These considerations are consistent with the following BVCP Policies: Policy 2.24 Commitment to a Walkable & Accessible City, Policy 2.25 Improve Mobility Grid & Connections, Policy 2.40 Design Excellence for Public Projects, and Policy 2.41 Enhanced Design for All Projects.; • Would create trip avoidance and reduction standards consistent with Policy 6.03 of the BVCP, Reduction of Single Occupancy Auto Trips for the Alpine Balsam area that are appropriate and achievable for the context and transit opportunities of this particular area. The new standards would replace standards tailored to the context of Boulder Junction area (i.e., 30% trip reduction or avoidance versus the 55% required in the Boulder Junction transit-oriented development), and • Would support the BVCP’s affordable housing goals (see for example Policy 7.01 and 7.02) by authorizing a waiver of unbundled parking requirement for certain LITHC funded permanently affordable housing projects where unbundled parking requirements to avoid negative impacts of the unbundling requirement on the availability and scope of financing as further set forth in this memo. Further analysis supporting the ordinance is provided below: What is the reason for the ordinance and what public purpose will be served? The ordinance would change to the Form-Based Code Alpine Balsam regulatory map to allow for better alignments of public rights-of-way, the use of circulation space that favors bike and pedestrian users over the automobile, and a more appropriate location for the mobility hub on the site. The ordinance also applies trip generation standards that are more appropriate for the Alpine-Balsam area which does not share the same mode shifts as would be expected in Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 5 Packet Page 478 of 903 the Boulder Junction transit-oriented development area for which the current standards were developed. Finally, the ordinance would allow certain permanently affordable housing projects to maximize their LIHTC funding by allowing the city manager to waive unbundled requirements that may negatively impact the ability to receive such funding. How is the ordinance consistent with the purpose of the zoning districts or code chapters being amended? The ordinance makes updates to requirements that apply in the MU-4 and RH-7 zoning districts to apply more appropriate standards for transportation characteristics specific to the Alpine-Balsam area. MU-4 and RH-7 standards were originally developed for Boulder Junction. The proposed changes in the ordinance are otherwise consistent with the intents for the zones, which are outlined in Chapter 9-5, “Modular Zone System,” B.R.C. 1981, and below: MU-4: Mixed Use - 4: Mixed use residential areas generally intended for residential uses with neighborhood-serving retail and office uses; and where complementary uses may be allowed. It is anticipated that development will occur in a pedestrian-oriented pattern, with buildings built up to the street. RH-7: Residential - High 7: High density residential areas that have a fine grain of residential streets either existing or as part of a right-of-way plan approved by the city council and limited pedestrian-oriented neighborhood- serving retail uses in close proximity to either a primary destination or a transit center and where complementary uses may be allowed. Are there consequences in denying this ordinance? The benefits of the proposed changes would not be realized and some standards found to be not appropriate for the Alpine-Balsam area would continue to apply. In addition, denial of the ordinance would stall the progress of the current project as proposed. Significant changes would be necessary to the site plan and delay the development schedule. Application of standards that were originally intended for another area of the city could also impact the feasibility of the project. What adverse effects may result with the adoption of this ordinance? Staff has not identified any adverse effects from the adoption of the ordinance. How will this ordinance implement the comprehensive plan? This project implements several relevant BVCP policies noted below. BVCP Built Environment Policy 2.24 Commitment to a Walkable & Accessible City The city will promote the development of a walkable and accessible city by designing neighborhoods and mixed-use business areas to provide easy and safe access by foot, bike and transit to places such as neighborhood centers, community facilities, transit stops or centers and shared public spaces and amenities (i.e., 15-minute neighborhoods). The city will consider additional neighborhood centers or small mixed use retail areas where appropriate and Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 6 Packet Page 479 of 903 supported by the neighbors they would serve. In some cases, the definition of mixed use and scale and character will be achieved through area planning. BVCP Built Environment Policy 2.25 Improve Mobility Grid & Connections The walkability, bikeability and transit access should be improved in parts of the city that need better connectivity and mobility, for example, in East Boulder. This should be achieved by coordinating and integrating land use and transportation planning and will occur through both public investment and private development. BVCP Built Environment Policy 2.33 Sensitive Infill & Redevelopment With little vacant land remaining in the city, most new development will occur through redevelopment in mixed-use centers that tend to be the areas of greatest change. The city will gear subcommunity and area planning and other efforts toward defining the acceptable amount of infill and redevelopment and standards and performance measures for design quality to avoid or adequately mitigate negative impacts and enhance the benefits of infill and redevelopment to the community and individual neighborhoods. The city will also develop tools, such as neighborhood design guidelines, to promote sensitive infill and redevelopment. BVCP Built Environment Policy 2.36 Physical Design for People The city and county will take all reasonable steps to ensure that public and private development and redevelopment be designed in a manner that is sensitive to social, health and psychological needs. Broadly defined, this will include factors such as accessibility to those with limited mobility; provision of coordinated facilities for pedestrians, bicyclists and bus-riders; provision of functional landscaping and open space; and the appropriate scale and massing of buildings related to neighborhood context. BVCP Built Environment Policy 2.37 Environmentally Sensitive Urban Design For capital improvements and private development, the city and county will strive to ensure that buildings, streets, utilities and other infrastructure are located and designed to protect natural systems, minimize energy use, reduce urban heat island effects and air and water pollution and support clean energy generation. BVCP Built Environment Policy 2.40 Design Excellence for Public Projects Public projects bear a special responsibility to exhibit design excellence. The city and county will work to ensure that new capital projects and transportation facilities are visually attractive and contribute positively to the desired community character. BVCP Built Environment Policy 2.41 Enhanced Design for All Projects Through its policies and programs, the city will encourage or require quality architecture and urban design in all development that encourages alternative modes of transportation, provides a livable environment and addresses the following elements: a. Area planning. Where there is a desire to improve the character of the surroundings, a new character and positive identity as established through area planning or a community involvement process should be created for the area as the city work plan and resources allow. b. The context. Projects should become a coherent part of the neighborhood in which they are placed. Special attention will be given to protecting and Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 7 Packet Page 480 of 903 enhancing the quality of established residential areas that are adjacent to business areas. c. Relationship to the public realm. Projects should relate positively to public streets, plazas, sidewalks, paths and natural features. Buildings and landscaped areas—not parking lots—should present a well-designed face to the public realm, should not block access to sunlight and should be sensitive to important public view corridors. Future strip commercial development will be discouraged. d. Ditches. Project sponsors should collaborate with irrigation ditch companies on design and construction. Where possible, project elements should educate and inform about the connection between irrigation ditches and agricultural lands. e. Transportation connections. Projects should provide a complete network of vehicular, bicycle and pedestrian connections both internal to the project and connecting to adjacent properties, streets and paths, including dedication of public rights-of-way and easements where required. f. Parking. The primary focus of any site should be quality site design. Parking should play a subordinate role to site and building design and not jeopardize open space or other opportunities on the property. Parking should be integrated between or within buildings and be compact and dense. The placement of parking should be behind and to the sides of buildings or in structures rather than in large street-facing lots. Surface parking will be discouraged, and versatile parking structures that are designed with the flexibility to allow for different uses in the future will be encouraged. g. Human scale and art in public spaces. Projects should provide pedestrian interest along streets, paths and thoughtfully designed public spaces that support a mix of events, destinations and art. Projects should model investment in public art in the city, and the city should encourage individuals, businesses, organizations and developers to invest in improvements to public spaces through the addition of meaningful, innovative and quality works of art. h. Permeability. Create permeability in centers with a mix of semi-public and public spaces that are connected visually for intuitive navigation. Include civic and cultural uses as well as outdoor seating, shade trees and green spaces in the public spaces to create a unique identity and sense of place. Projects should provide multiple opportunities to walk from the street into projects, thus presenting a street face that is permeable. Where appropriate, they should provide opportunities for visual permeability into a site to create pedestrian interest. i. On-site open spaces. Projects should incorporate well-designed functional open spaces with quality landscaping, access to sunlight and places to sit comfortably. Where public parks or open spaces are not within close proximity, shared open spaces for a variety of activities should also be provided within developments. j. Buildings. Buildings should be designed with a cohesive design that enhances the streetscape and is comfortable to the pedestrian. Buildings should demonstrate approachability and a relationship to the street, with inviting entries that are visible from public rights of way, multiple entrances and four-sided design. Foster appeal of buildings through attractive, well-designed architecture made of high-quality, long-lasting materials and innovative approaches to design. Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 8 Packet Page 481 of 903 ATTACHMENT Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 9 Packet Page 482 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8668 AN ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO ADOPT TRIP REDUCTION STANDARDS AND A REVISED REGULATING PLAN FOR THE ALPINE- BALSAM AREA AND TO ELIMINATE SUMP PRINCIPLES FOR CERTAIN BUILDINGS WITH PERMANENTLY AFFORDABLE UNITS; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 8-4-10, “Advisory Committee,” B.R.C. 1981, is amended to read as follows: 8-4-10. Advisory Committee. (a)Those district electors named in the petition to represent the petitioners during organization constitute an advisory committee to the board of directors after the district is formed. The first district elector named in the petition shall serve for up to one year, until the board shall appoint successor members. Thereafter, the advisory committee shall consist of three persons who are district electors, owners of taxed real or personal property in the district, or designated representatives of such owners who are regularly employed in the district, and two citizens at large who may or may not have such qualifications, serving terms of five years each. The initial terms shall be staggered to assure that one term expires in each year. The board shall fill any vacancy with a similarly qualified person. … (l) None of the provisions of this section, except Subsections (g) and (i), apply to the Boulder Junction Access General Improvement District - Travel Transportation Demand Management ("BJAGID - TDM"). The Boulder Junction TDM Commission established by Section 2-3-21, "Boulder Junction TDM Commission," B.R.C. 1981, shall serve in lieu of an advisory committee for BJAGID - TDM, and shall have the duties set forth in Subsection (c) of this section in addition to and not by way of limitation on those duties, powers, and functions delegated to the Boulder Junction TDM Commission elsewhere in this code. … Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 10 Packet Page 483 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 2. Section 9-2-13, “Concept Plan Review and Comment,” B.R.C. 1981, is amended to read as follows: 9-2-13. Concept Plan Review and Comment. (a) Purpose of Concept Plan Review: The purpose of the concept plan review step is to determine a general development plan for the site, including, without limitation, land uses, arrangement of uses, general circulation patterns and characteristics, methods of encouraging use of alternative transportation modes, areas of the site to be preserved from development, general architectural characteristics, any special height and view corridor limitations, environmental preservation and enhancement concepts, and other factors as needed to carry out the objectives of this title, adopted plans, and other city requirements. This step is intended to give the applicant an opportunity to solicit comments from the reviewing authority early in the development process as to whether the concept plan addresses the requirements of the city as set forth in its adopted ordinances, plans, and policies. Comments on a concept plan are not binding, but are meant to inform any subsequent site review application. A concept plan review and comment shall not relieve the applicant of the burden to seek approvals for elements of the plan that require review and approval under the Boulder Revised Code. … (c) Application Requirements: A concept plan should be a preliminary plan for the development of a site of sufficient accuracy to be used for discussing the plan's conformance with adopted ordinances, plans, and policies of the city. The concept plan provides the public, the city manager, and the planning board opportunity to offer input in the formative stages of the development. An application for a concept plan review and comment may be filed by a person having a demonstrable property interest in land to be included in a site review on a form provided by the manager and shall include the following: (1) The written consent of the owners of all property to be included in the development; (2) A context map, drawn to scale, showing the site and an area of not less than a 300-foot radius around the site, including streets, zoning, general location of buildings, and parking areas of abutting properties; (3) A scaled and dimensioned schematic drawing of the site development concept and an area of not less than 200 feet around the site, showing: (A) Access points and circulation patterns for all modes of transportation; (B) Approximate locations of trails, pedestrian and bikeway connections, on- site transit amenities, and parking areas; Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 11 Packet Page 484 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (C) Approximate location of major site elements, including buildings, open areas, natural features such as watercourses, wetlands, mature trees, and steep slopes; and (D) Proposed land uses and approximate location; (4) Architectural character sketches showing building elevations and materials; and (5) A written statement that describes, in general, how the proposed development meets this title, city plans and policies, and addresses the following: (A) Techniques and strategies for environmental impact avoidance, minimization, or mitigation; (B) Techniques and strategies for practical and economically feasible travel transportation demand management techniques, including without limitation, site design, land use, covenants, transit passes, parking restrictions, information or education materials, or programs that may reduce single-occupant vehicle trip generation to and from the site; and … Section 3. Section 9-2-16, “Form-Based Code Review” B.R.C. 1981, is amended to read as follows: 9-2-16. Form-Based Code Review. (a) Purpose: The purpose of form-based code review, is to improve the character and quality of new development to promote the health, safety and welfare of the public and the users of the development. The form-based code review regulations are established to create a sense of place in the area being developed or redeveloped and ensure a site and building design that: … (d) Application Requirements: An application for approval of a form-based code review, may be filed by any person having a demonstrable property interest in land to be included in a form-based code review on a form provided by the city manager that includes, without limitation: (1) All materials and information required by Subsection 9-2-6(a), B.R.C. 1981; (2) Written Statement: A written statement containing the following information: (A) A statement of current ownership and a legal description of all of the land included in the project; Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 12 Packet Page 485 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) An explanation of the objectives to be achieved by the project, including, without limitation, building descriptions, sketches or elevations that may be required to describe the objectives; (C) A development schedule indicating the approximate date when construction of the project, or phases of the project, can be expected to begin and be completed; and (D) Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the project and any related parks, recreation areas, playgrounds, outlots or open space; … (10) Travel Transportation Demand Management Techniques. A description of travel transportation demand management techniques with an implementation plan, including, without limitation, site design, land use, covenants, transit passes, parking restrictions, information or education materials, or programs to reduce single-occupant vehicle trip generation to and from the site. … Section 4. Section 9-2-19, “Rezoning,” B.R.C. 1981, is amended to read as follows: 9-2-19. Rezoning. (a) Initiation: An amendment to rezone any area of the city may be initiated by the city council, the planning board or a person with an ownership interest in property proposed for rezoning. … (f) Additional Criteria for the MU-4, RH-3, RH-6 and RH-7 zoning districts. In the MU-4, RH-3, RH-6 and RH-7 zoning districts, for an application not incidental to a general revision of the zoning map, the city council shall also find that the rezoning meets the following criteria, in addition to Subsection (e) above: … (3) Travel Transportation Demand Management Services. In the MU-4, RH-6 and RH-7 zoning districts, the property subject to the rezoning is located within an area that has parking and transportation related service provided by a general improvement district or an equivalent organization or otherwise meets the trip generation requirements of Section 9-9-22, "Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts," B.R.C. 1981. … Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 13 Packet Page 486 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 5. Section 9-9-6, “Parking Standards,” B.R.C. 1981, is amended to read as follows: 9-9-6. Parking Standards. (a) Rationale: The intent of this section is to provide adequate off-street parking for all uses, to prevent undue congestion and interference with the traffic carrying capacity of city streets, and to minimize the visual and environmental impacts of excessive parking lot paving. … (i) Parking Costs Separated From Housing Costs in New Residential Buildings in the RH-7 and MU-4 Zoning Districts: In the RH-7 and MU-4 zoning districts, all off-street parking spaces accessory to residential uses in new structures of ten dwelling units or more, or in new conversions of nonresidential buildings to residential use of ten dwelling units or more, shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. Parking spaces that are unused or unsold with a residential unit may be leased or otherwise permitted to be used by persons who are not residents, tenants, or visitors to the property. The city manager will waive the requirements of this subsection for a building if the applicant demonstrates that the building is financed with low-income housing tax credit financing pursuant to 26 U.S.C.S. §42. Section 6. Section 9-9-22, “Trip Generation Requirements for the MU-4, RH-6 and RH- 7 Zoning Districts,” B.R.C. 1981, is amended to read as follows: 9-9-22. Trip Generation Requirements for the MU-4, RH-6 and RH-7 Zoning Districts. (a) Purpose. The purpose of this section is to provide the trip generation requirements for the MU-4, RH-6 and RH-7 zoning districts for developments that are not served by a general improvement district or other approved organization that provides transportation related services. Further, it is the purpose of this section to: (1) Provide approaches to mitigate the impacts of traffic generated by development and redevelopment. (2) Ensure that the amount of land used for parking is the minimum necessary to serve development in the area. (3) Provide opportunities for parking that is provided in a development to be used in an efficient manner during all times of the day or evening. Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 14 Packet Page 487 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) Scope. The applicant for any additional floor area for a property located in the MU-4, RH-6 and RH-7 zoning districts shall demonstrate that the development does not exceed the trip generation allowance standards of this section. The requirements of this section do not apply to development proposals within general improvement districts or other organizations that have service plans which include travel transportation demand management and parking management programs that have been approved by the city council to generally meet the objectives described in this section. (c) Property Trip Generation Allowance. The applicant for any development subject to the requirements of this section shall be required to demonstrate that fifty-five percent of the a specifiedcertain percentage of trips generated by the development during the highest peak travel time shallwill be by alternative modes or avoided, as specified below: (1) In all areas except the Alpine-Balsam area identified in Appendix L, “Form-Based Code Areas,” B.R.C. 1981, Alternative mode trips generated by the development shall be at least fifty-five percent of the trips generated byfor the development shall be by alternative modes or avoided. (2) In the Alpine-Balsam form-based code area, at least 30 percent of the trips generated by the development shall be by alternative modes or avoided. (1)(3) Alternative modes Made by a are modes of transportation that is an alternative to other than single occupant motor-vehicle use and include, including, without limitation, walking, bicycling, carpooling, vanpooling, micromobility, or public transportation. (2)(4) Trips are avoided through programs such as alternate work schedules, including telecommuting or compressed work week programs. (d) Trip Generation Calculation. The trip generation allowance shall be calculated using standard calculation methods commonly accepted by the Institute of Traffic Engineers for the uses of land that are proposed for the development during the highest peak travel times. The applicant shall provide the city manager with information necessary to demonstrate that the appropriate number of trips for the proposed development has been provided. (e) Trip Reduction and Mitigation. The applicant shall demonstrate how it will achieve the generate fifty-five percent alternative mode use and trip avoidance as describedrequired pursuant to in subsection (c) at the highest peak travel time through a travel transportation demand management plan. (f) Travel Transportation Demand Management Plan. A travel transportation demand management plan shall be submitted with all development applications that add a nonresidential use floor area or an additional dwelling unit that demonstrates compliance with the trip generation requirements. Any combination of the following methods may be incorporated into the travel transportation demand management plan to achieve the requirements of this section. (1) Parking management strategies. (2) Enhanced design and amenities. Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 15 Packet Page 488 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) Financial incentives. (4) Trip reduction and avoidance programs and policies. (5) Marketing and outreach. (g) Components of a Travel Transportation Demand Management Plan. An applicant may divide a travel transportation demand management plan into two components: (1) infrastructure and amenities; and (2) a travel transportation demand management operations program. As part of a development approval, the city manager will approve separate trip generation reductions attributable to each element of the travel transportation demand management plan. (1) Infrastructure and Amenities. The infrastructure and amenities component of the travel transportation demand management plan shall include all of the elements of the travel transportation demand management plan that require the construction of either private or public improvements. The improvements may include, without limitation, facilities such as showers and changing facilities, parking area design, amenities that support alternate mode use such as covered and secure bicycle parking or enhanced pedestrian, bicycle and transit access. Unless otherwise approved in the infrastructure and amenities plan, all public and private improvements shall be constructed prior to or concurrent with the construction of the buildings within the development. If construction of such improvements is to occur later, the applicant shall submit, subject to the review and approval of the city manager, an improvement construction phasing plan. The applicant shall demonstrate that phasing of the construction of improvements is necessary because such improvement cannot be effectively or efficiently utilized until a given level of development has been completed on the property. (2) Demand Management Operations Program. The demand management operations program shall be the plan that is used by the tenant or occupant of a development or a portion thereof. The demand management operations plan shall include those programs necessary to meet the trip reduction requirements of this section, including without limitation the following: (A) Parking management strategies that may include unbundled parking, paid parking areas or carpool or vanpool preferred parking areas. (B) Active promotion of alternate modes through marketing and outreach programs to employees or residents. (C) Financial incentives for employees or residents to alternate modes such as public transit passes, subsidized transit or vanpool fares or a parking cash- out program. (D) Policies and programs including bicycle or carshare services, telework stations in residential buildings or telecommuting and compressed work week programs for employees. Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 16 Packet Page 489 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (E) A plan for monitoring the effectiveness of the travel transportation demand management plan that is submitted to the city manager on a biannual basis, using guidelines and performance measures developed by the city. The monitoring plan shall state whether the monitoring shall be done by the owner, occupant, tenant or other designated organization. (3) Sustainable Funding. The costs of a travel transportation demand management program shall be the responsibility of the owner, occupants, tenants or visitors to the development. The applicant shall be required to demonstrate how the facilities and programs will be initially funded and funded over time to ensure implementation and ongoing operation of the facilities and programs. (h) Monitoring and Evaluation. The owner of any property that has a travel transportation demand management plan shall be responsible for ensuring that the monitoring and evaluation component of the travel transportation demand management plan is completed as required by this section. Monitoring and evaluation data shall be submitted to the city manager on a biannual basis. The monitoring and evaluation data shall be in a form acceptable to the city manager and shall address the effectiveness of the approved travel transportation demand management plan in reaching the trip generation requirements of this section. If the monitoring data shows that the travel transportation demand management plan is not meeting the trip generation requirements of this section, the owner shall submit a revised travel transportation demand management plan that meets the requirements of this section within thirty days of a request by the city manager. Section 7. Figure M-1(2) located in Section M-1-6, “Regulating Plans,” B.R.C. 1981, is amended to read as follows: M-1-6. REGULATING PLANS No person shall construct, develop, use or occupy a property located in the area designated in Appendix L, "Form-Based Code Areas," except in conformance with Title 9, "Land Use Code," B.R.C. 1981, this appendix, and the regulating plan that applies to such property, except as otherwise specified in this appendix. … Figure M-1 (2). Regulating Plan: Alpine-Balsam Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 17 Packet Page 490 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Figure M-1(2). Regulating Plan: Alpine-Balsam Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 18 Packet Page 491 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 … Section 8. Ordinance 8699 is being considered for adoption close in time to this ordinance and, if adopted, moves the form-based code standards from Appendix M to Title 9, “Land Use Code,” B.R.C. 1981 to a new Chapter 9-14, B.R.C. 1981, and otherwise amends and renumbers sections, tables and figures or the form-based code. This ordinance, if adopted after Ordinance 8699 shall adopt the substantive changes herein, but nothing in this ordnance shall amend the relocating and renumbering of Ordinance 8699. Section 9. This ordinance shall apply to any building permit, form-based code review and site review applied for on or after the effective date of this ordinance. Any project for which a complete building permit, site review, or form-based code review application has been submitted to the city or which has received a site review or form-based code approval prior to the effective date of this ordinance will be permitted to establish the development under the standards in effect at the time the building permit, site review, or form-based code review application was submitted to the city; however such applicants may request that this ordinance be applied to their application. Applicants with applications subject to standards in effect at the time the application was filed and not this ordinance shall be required to pursue such development approvals and meet all requirements deadlines set by the city manager and the Boulder Revised Code necessary to establish the proposed development. The applications for such project shall demonstrate compliance with all applicable laws. Any failure to meet requirements of the city manager or this section of this ordinance will result in a denial of such application. Any subsequent application shall meet the requirements in place at the time of such subsequent application. Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 19 Packet Page 492 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 10. If any section, paragraph, clause, or provision of this ordinance shall for any reason be held to be invalid or unenforceable, such decision shall not affect any of the remaining provisions of this ordinance. Section 11. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 12. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 17th day of October 2024. _____________________________ Aaron Brockett, Mayor Attest: ______________________________ Elesha Johnson, City Clerk Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 20 Packet Page 493 of 903 K:\PLCU\o-8668 2nd rdg Alpine Balsam eliminating SUMP principles-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 READ ON SECOND READING, PASSED AND ADOPTED this 21st day of November 2024. _____________________________ Aaron Brockett, Mayor Attest: _____________________________ Elesha Johnson, City Clerk Attachment A - Proposed Ordinance 8668 Item 3J - 2nd Rdg Ord 8668 Alpine Balsam Zoning Updates Page 21 Packet Page 494 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Second reading and consideration of a motion to adopt Ordinance 8673 amending Chapter 4- 20, "Fees," and Chapter 4-25," Fire Contractor License," B.R.C. 1981, concerning updates to licenses issued for work covered by the city fire code; and setting forth related details P RI MARY STAF F C ON TAC T Teresa Taylor Tate, City Attorney, 303.441.3020 RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to adopt Ordinance 8673 amending C hapter 4-20, "Fees," and Chapter 4-25, "Fire C ontractor License," B.R.C . 1981, concerning updates to licenses issued for work covered by the city fire code; and setting forth related details. AT TAC H ME N T S: Description I tem 3K - 2nd Rdg Ord 8673 Amending Ch. 4-20 and Ch. 4-25 City F ire Code L icenses Packet Page 495 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Second reading and motion adopt Ordinance 8673 amending Chapter 4-20, “Fees,” and Chapter 4-25, “Fire Contractor License,” B.R.C. 1981, concerning updates to licenses issued for work covered by the city fire code; and setting forth related details. PRESENTERS Nuria Rivera-Vandermyde, City Manager David Lowrey, Division Chief, Fire Marshal, Boulder Fire Rescue Christiana McCormick, Assistant City Attorney III EXECUTIVE SUMMARY Proposed Ordinance 8673 has three primary goals: (1) delete the Class B fire license, which is redundant because it is a license for the installation of a kitchen hood extinguishing system and the Class D license already covers this work; (2) rename the current Class E as a “general fire systems” license to cover work under the fire code that is not currently covered by another license; and (3) delete outdated language that is no longer used in the fire licensing process. STAFF RECOMMENDATION Suggested Motion Language: Item 3K - Ord. 8673 2nd rdg Fire Code Licenses Page 1 Packet Page 496 of 903 COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic – These proposed amendments do not change the cost of the Class E license being retitled, and there will be no cost increases or decreases to license applicants. Environmental – None. Social – None. OTHER IMPACTS Fiscal – None. Staff time – None. RESPONSES TO QUESTIONS FROM COUNCIL AGENDA COMMITTEE None. BOARD AND COMMISSION FEEDBACK None. PUBLIC FEEDBACK None. BACKGROUND The Fire Department is proposing that Sections 4-25-4(b) and 4-20-56(a)(2), B.R.C. 1981, be repealed. Those sections reference a license that is no longer being issued. The contractors who perform this work are issued a Class D license. This process was changed several years ago to simplify the licensing process by combining all the special hazard fire systems under one license. It should be noted that the cost of the Class B license that is being deleted is the same as a Class D license. There is no cost increase or decrease to the licensee. Section 4-25-10, B.R.C. 1981, which the Fire Department is proposing to delete, is outdated and no longer used. The original intent of this section was to ensure that fire contractors are qualified to work within our community. However, codes and standards have changed over the years. Fire contractors are now required to show Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8673 amending Chapter 4-20, “Fees,” and Chapter 4-25, “Fire Contractor License,” B.R.C. 1981, concerning updates to licenses issued for work covered by the city fire code; and setting forth related details. Item 3K - Ord. 8673 2nd rdg Fire Code Licenses Page 2 Packet Page 497 of 903 proof of qualifications with their application for a city fire license to perform this specialized work and obtain a license. The change of the Class E license name from portable fire extinguishers to “general fire systems” is for basically two reasons: 1.The Class E license has never actually been used. 2.There is a need to issue a permit to perform work that is required by our adopted fire code that does not fall within the description of an existing license. Specifically, our current fire license types do not include specific fire protection systems that are required to be installed with the oversight of a permit. These specific fire systems include: a.Emergency Responder Communications Enhancement Systems b.Access Control c.Liquid Petroleum Gas (LPG) systems such as propane exchange systems and temporary propane tanks at construction sites. d.Carbon Dioxide (CO2) System used for cannabis grow operations to enrichment the air for growth purposes and CO2 beverage dispensing system over a specific size. The Fire Department currently cannot permit these systems since we do not have a current license that fits these specialized fields. These systems are not as common as a fire sprinkler system or fire alarm system, and for that reason the Fire Department feels that this type of work can be grouped into a “general” license category. ANALYSIS Adopting this ordinance will modernize the Boulder Revised Code by updating obsolete language and updating the fire licensing titles to what is currently being used and what currently needs to be used. There will be no change to the current cost for any of the licenses. The change is for the title of the license only. NEXT STEPS If the proposed ordinance is adopted at second reading, permit types will be integrated into the city’s permitting system so the licensee will be able to submit the proper plans and specifications for a review and permit issuance to perform the work starting January 1, 2025. ATTACHMENT Attachment A – Proposed Ordinance 8673 Item 3K - Ord. 8673 2nd rdg Fire Code Licenses Page 3 Packet Page 498 of 903 K:\FRAD\o-8673 2nd rdg Fire Code Licenses-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDINANCE 8673 AN ORDINANCE AMENDING CHAPTER 4-20, “FEES,” AND CHAPTER 4-25, “FIRE CONTRACTOR LICENSE,” B.R.C. 1981, CONCERNING UPDATES TO LICENSES ISSUED FOR WORK COVERED BY THE CITY FIRE CODE; AND SETTING FORTH RELATED DETAILS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Chapter 4-20, “Fees,” B.R.C, 1981, is amended to read as follows: . . . 4-20-56. - Fire Contractor License. (a) An applicant for a fire contractor license shall pay the following annual fee according to the license requested: (1) Class A ..... $307 (2) Class B ..... 180Repealed. (3) Class C ..... 180 (4) Class D ..... 180 (5) Class E ..... 90 . . . Section 2. Chapter 4-25, “Fire Contractor License,” B.R.C, 1981, is amended to read as follows: . . . 4-25-4. – Classifications of Licenses. (a) Class A license entitles the licensee to undertake or perform any work covered by the city fire code fire sprinkler systems. The annual fee for a Class A license is that prescribed by Section 4-20-13, “Mechanical Contractor License and Mechanical Permit Fees,” B.R.C. Attachment A – Proposed Ordinance 8673 Item 3K - Ord. 8673 2nd rdg Fire Code Licenses Page 4 Packet Page 499 of 903 K:\FRAD\o-8673 2nd rdg Fire Code Licenses-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1981. (b) A Class B license entitles the licensee to undertake or perform hood extinguishing systems. Repealed. (c) A Class C license entitles the licensee to undertake or perform fire alarm systems. (d) A Class D license entitles the licensee to undertake or perform special hazard systems. (e) A Class E license entitles the licensee to undertake or perform hand or portable fire extinguishers general fire systems not covered by another license. . . . 4-25-10. – Fire Protection Contractors. Repealed. a) Any person licensed as a Class F contractor pursuant to this chapter, upon paying the fee prescribed by Section 4-20-56, "Fire Contractor License," B.R.C. 1981, shall take one or more of the tests designed by the city manager to test the qualifications of the applicant to install fire protection or detection systems in accordance with the provisions of Chapter 10-8, "Fire Code," B.R.C. 1981. b) Separate tests shall be offered in the following categories: 1. Fire sprinkler systems; 2. Hood extinguisher systems; 3. Fire alarm systems; 4. Special hazard systems; and 5. Hand or portable fire extinguishers c) Upon passing a test, the applicant's license shall be endorsed as a fire protection contractor for such category of work. Each endorsement shall be valid during the term of the license. Each renewal of such license shall be similarly endorsed. The endorsement may be suspended or revoked in accordance with the provisions of this chapter. d) After July 1, 1987, no person shall perform any work as a contractor installing any fire suppression, detection, or protection device required to be installed in any building by Chapter 10-8, "Fire Code," B.R.C. 1981, without a license pursuant to this chapter. e) All installers of fire alarm systems shall be licensed as low voltage wire installers by the State of Colorado, which license shall be endorsed as stated in Subsection (c) of this section upon completion of the fire alarm systems test. f) All line voltage work, when necessary on a fire alarm system, shall be completed by a State of Colorado licensed electrician. g) Attachment A – Proposed Ordinance 8673 Item 3K - Ord. 8673 2nd rdg Fire Code Licenses Page 5 Packet Page 500 of 903 K:\FRAD\o-8673 2nd rdg Fire Code Licenses-.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 3. This ordinance is effective January 1, 2025. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 5. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 7th day of November 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 21st day of November 2024. ____________________________________ Aaron Brockett, Mayor Attest: ____________________________________ Elesha Johnson, City Clerk Attachment A – Proposed Ordinance 8673 Item 3K - Ord. 8673 2nd rdg Fire Code Licenses Page 6 Packet Page 501 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M C onsideration of a Site Review Amendment for an approximately 55-foot tall structure with 50,069 square-feet of floor area with a first-floor meeting space, mechanical mezzanine, and upper-level hotel rooms connected to the existing St. J ulien Hotel at 900 Walnut Street. Reviewed under case no. LUR2023-00046 P RI MARY STAF F C ON TAC T Shannon Moeller, Planning Manager AT TAC H ME N T S: Description I tem 4A - 900 Walnut Site Rev iew PART 1 I tem 4A - 900 Walnut Site Rev iew PART 2 Packet Page 502 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE: Call-up consideration of a Site Review Amendment for an approximately 55-foot tall structure with 50,069 square-feet of floor area with a first- floor meeting space, mechanical mezzanine, and upper-level hotel rooms connected to the existing St. Julien Hotel at 900 Walnut Street. Reviewed under case no. LUR2023- 00046. PRESENTERS Nuria Rivera-Vandermyde, City Manager Brad Mueller, Director Planning & Development Services Charles Ferro, Senior Planning Manager Shannon Moeller, Planning Manager EXECUTIVE SUMMARY The purpose of this item is for the City Council to consider whether to call up the up the Planning Board’s decision the above-referenced application for a public hearing. On October 22, 2024, the Planning Board held a public hearing and voted unanimously (7-0) to approve the application with the conditions. The 30-day call up period concludes on November 21, 2024. City Council is scheduled to consider this application for call-up at its November 21, 2024 meeting. The staff memorandum to Planning Board, recorded video, and the applicant’s submittal materials along with other related background materials are available in the city archives for Planning Board. The recorded video from the hearing can be found here. The applicant’s plan set, and written statement is provided in Attachment B. The draft meeting minutes from the Planning Board meeting are provided in Attachment C. Item 4A - 900 Walnut Site Review Page 1 Packet Page 503 of 903 REVIEW PROCESS The purpose of this item is for the City Council to consider whether to call up the above- referenced applications for review and comment at a public hearing. A site review amendment was requested to amend the existing Site Review SI-1999-12 on the property, which approved the existing underground parking garage and St. Julien Hotel and set aside the area known as the “civic use pad” for future development. Additionally, the proposal includes a height modification, building stories modification, and setback modifications, as follows: •Section 9-7-1, Schedule of Form and Bulk Standards: Height modification for a 55-foot-tall structure, where a maximum of 38 feet in height is otherwise permitted. •Section 9-7-1, Schedule of Form and Bulk Standards: Setback modification to permit a 63-foot setback from the centerline of the Canyon Boulevard right-of- way where a minimum of 65-feet is otherwise required. •Section 9-7-1, Schedule of Form and Bulk Standards: Setback modification to permit a six-foot east interior side yard setback for stories three through five where a 0’ or 12’ setback is permitted and where upper stories may also be setback five feet or the distance required by the building code, whichever is greater. •Section 9-7-1, Schedule of Form and Bulk Standards: Building stories modification to permit a five-story building where two stories are otherwise permitted. The stories include a ground level meeting space, a mechanical mezzanine, and three stories of hotel rooms. Because this proposal includes a height modification request and a request for vested rights, the site review amendment application requires a staff recommendation and final decision by the Planning Board at a public hearing, subject to call-up by City Council. Site reviews are subject to the Site Review criteria in Section 9-2-14, B.R.C. 1981. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS •Economic – None noted. •Environmental – None noted. •Social – None noted. OTHER IMPACTS •Fiscal - No fiscal impacts are anticipated. •Staff time - The application was completed under standard staff review time. BOARD AND COMMISSION FEEDBACK At the public hearing on October 22, 2024, the Planning Board held a quasi-judicial hearing to review the proposed Site Review application described above. Following a public hearing the Item 4A - 900 Walnut Site Review Page 2 Packet Page 504 of 903 Planning Board approved with conditions the application by a unanimous (7-0 vote) with the following motion: K. Nordback made a motion seconded by M. McIntyre to approve Site Review application under #LUR2023-00046, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum. Planning Board voted 7-0, motion passed as amended below. • Motion to amend by K. Nordback, seconded by C. Hanson Thiem to add the following condition: In collaboration with city staff, the applicant shall design improved crossing markings and signage for the intersection of the 10th St pedestrian way and the east-west running alley north of the site, and the plans shall be revised accordingly. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by J. Boone to add the following condition: In order to satisfy the additional criteria for height bonus and land use intensity, the applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, as required by 9-2-14(h)(6)(C), B.R.C. 1981. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by M. McIntyre to add the following condition: In order to meet the access and circulation criteria in the Site Review, the plans shall be revised to show wayfinding signage that shall make it clear to pedestrians that the 10th street corridor is not private property but a public pedestrian corridor as reviewed and approved by the city. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by ml Robles to add the following condition: In order to meet the site review criteria regarding “open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property”, the building include a public-access rooftop deck of at least ¼ of the available 5th floor area. Planning Board voted 4-3. Motion passed. • Motion to amend the language of the previous motion regarding the added rooftop deck condition made by L. Kaplan, seconded ml Robles: In order to meet site review criteria regarding Open Space, 9-2-14(h)(2)(B), B.R.C. 1981, the applicant shall revise the building plans to include a rooftop deck, that is at least 700 sq ft, of an orientation and design acceptable to the city, and accessible to the public, under terms that are consistent with the 2019 Agreement. Planning Board voted 7-0. Motion passed. At the hearing, the Planning Board listened to presentations from staff and the applicant, and asked questions of each. 31 members of the public spoke on the item, including concerns regarding the mass and scale of the proposal, impact on views, traffic and use of the alley, and the civic use requirement on the property. Item 4A - 900 Walnut Site Review Page 3 Packet Page 505 of 903 The Planning Board Disposition can be found in Attachment A. Refer to Attachment C for the draft meeting minutes from the Planning Board meeting. PUBLIC FEEDBACK Consistent with Section 9-4-3, “Public Notice Requirements,” B.R.C. 1981, staff provided notification to all property owners within 600 feet of the subject location of the application, and signs have been posted by the applicant. Staff received written comments which are included in the Records Archive for Planning Board. ANALYSIS The staff memorandum to Planning Board that includes staff analysis, neighbor comments along with the meeting audio, and the applicant’s submittal materials are available on the Records Archive for Planning Board. MATRIX OF OPTIONS The City Council may call up the Site Review application within thirty days of the Planning Board’s review. Any application that it calls up, the City Council will review at a public meeting within sixty days of the call-up vote, or within such other time as the city and the applicant mutually agree. The City Council is scheduled to consider this application for call-up at its meeting on November 21, 2024. ATTACHMENTS Attachment A – Planning Board Notice of Disposition Attachment B – Applicant’s Plan Set and Written Statement Attachment C – Draft Planning Board Minutes Item 4A - 900 Walnut Site Review Page 4 Packet Page 506 of 903 CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on October 22, 2024 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Code as set forth in Chapter 9-2, B.R.C.1981, as applied to the proposed development. DECISION: APPROVED WITH CONDITIONS PROJECT NAME: ST JULIEN HOTEL AND CIVIC PAD DESCRIPTION: Site Review Amendment for an approximately 55-foot tall structure with 50,069 square-feet of floor area with a first-floor meeting space, mechanical mezzanine, and upper-level hotel rooms connected to the existing St. Julien Hotel at 900 Walnut Street. LOCATION: 900 WALNUT STREET LEGAL DESCRIPTION: See Exhibit A APPLICANT: JEN NIEMAN, 4240 ARCHITECTURE BRUCE PORCELLI, ST JULIEN PARTNERS LLC OWNERS: ST JULIEN PARTNERS LLC (UNIT HG AND UNIT H) CENTRAL AREA GENERAL IMPROVEMENT DISTRICT (UNIT G) APPLICATION: Site Review, LUR2023-00046 ZONING: Downtown 5 (DT-5) CASE MANAGER: Shannon Moeller VESTED PROPERTY RIGHT: YES; the Applicant is seeking to create vested rights under Section 9-2-20, B.R.C. 1981. APPROVED MODIFICATIONS FROM THE LAND USE CODE: •Section 9-7-1, Schedule of Form and Bulk Standards: Height modification for a 55-foot-tall structure, where a maximum of 38 feet in height is otherwise permitted. •Section 9-7-1, Schedule of Form and Bulk Standards: Setback modification to permit a 63-foot setback from the centerline of the Canyon Boulevard right-of-way where a minimum of 65-feet is otherwise required. •Section 9-7-1, Schedule of Form and Bulk Standards: Setback modification to permit a six-foot east interior side yard setback for stories three through five where a 0’ or 12’ setback is permitted and where upper stories may also be setback five feet or the distance required by the building code, whichever is greater. •Section 9-7-1, Schedule of Form and Bulk Standards: Building stories modification to permit a five-story building where two stories are otherwise permitted. The stories include a ground level meeting space, a mechanical mezzanine, and three stories of hotel rooms. This decision may be called up by the City Council on or before November 21, 2024. If no call-up occurs, the decision is deemed final on November 22, 2024. FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED FINAL PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE PLANNING DEPARTMENT APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 of the Land Use Regulations (Boulder Revised Code, 1981), the Applicant must begin and substantially complete the approved development within three years from the date of final approval or in compliance with Attachment A - Planning Board Notice of Disposition Item 4A - 900 Walnut Site Review Page 5 Packet Page 507 of 903 the phasing plan if one was approved. Failure to "substantially complete" (as defined in Section 9-2-12, Boulder Revised Code 1981) the development within three years or in compliance with the phasing plan, if one was approved, shall cause this development approval to expire. At its public hearing on October 22, 2024, the Planning Board approved the request with the following motion: K. Nordback made a motion seconded by M. McIntyre to approve Site Review application under #LUR2023-00046, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum. Planning Board v oted 7-0, motion passed as amended below. • Motion to amend by K. Nordback, seconded by C. Hanson Thiem to add the following condition: In collaboration with city staff, the applicant shall design improved crossing markings and signage for the intersection of the 10th St pedestrian way and the east-west running alley north of the site, and the plans shall be revised accordingly. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by J. Boone to add the following condition: In order to satisfy the additional criteria for height bonus and land use intensity, the applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, as required by 9-2-14(h)(6)(C), B.R.C. 1981. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by M. McIntyre to add the following condition: In order to meet the access and circulation criteria in the Site Review, the plans shall be revised to show wayfinding signage that shall make it clear to pedestrians that the 10th street corridor is not private property but a public pedestrian corridor as reviewed and approved by the city. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by ml Robles to add the following condition: In order to meet the site review criteria regarding “open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property”, the building include a public-access rooftop deck of at least ¼ of the available 5th floor area. Planning Board voted 4-3. Motion passed. • Motion to amend the language of the previous motion regarding the added rooftop deck condition made by L. Kaplan, seconded ml Robles: In order to meet site review criteria regarding Open Space, 9-2-14(h)(2)(B), B.R.C. 1981, the applicant shall revise the building plans to include a rooftop deck, that is at least 700 sq ft, of an orientation and design acceptable to the city, and accessible to the public under terms that are consistent with the 2019 Agreement. Planning Board voted 7-0. Motion passed. CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on August 23, 2024, the Written Statement dated August 23, 2024, and the Transportation Demand Management (“TDM”) Plan dated August 19, 2024, all on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. 2. The Applicant shall comply with all previous conditions contained in any previous approvals, except to the extent that any previous conditions may be modified by this approval, including, but not limited to, the following: • Development Agreement recorded at Reception No. 2439900, as it relates to Site Review approval SI -1999- 12. Attachment A - Planning Board Notice of Disposition Item 4A - 900 Walnut Site Review Page 6 Packet Page 508 of 903 3. Prior to a building permit application, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items: a. Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and consistency with the character established in adopted design guidelines for the area. The architectural intent shown on the plans prepared by the Applicant on August 23, 2024 is acceptable. Planning staff will review plans to assure that the architectural intent is performed. b. A final site plan which includes detailed floor plans and section drawings. c. A final storm water report and plan meeting the City of Boulder Design and Construction Standards. d. Final transportation plans meeting the City of Boulder Design and Construction Standards for all transportation improvements. These plans must include, but are not limited to: transportation detail drawings. e. A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the City's landscaping re quirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester. f. A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981. g. A detailed shadow analysis to ensure compliance with the City's solar access requirements of section 9-9-17, B.R.C. 1981. h. An address plat following the city’s addressing policy to create a new address. 4. Prior to a building permit application, the Applicant shall submit a Land Use Review application to vacate an approximate 4.28-square-foot portion of the existing 10th Street pedestrian easement (Rec. No. 2439906) to allow for a structural column. The form and final location of the vacation shall be subject to the approval of the City Manager. 5. Prior to a building permit application, the Applicant shall dedicate to the City, at no cost, the easements necessary to serve the development, including but not limited to the following easements as shown on the plans prepared by the Applicant on August 23, 2024, meeting the City of Boulder Design and Construction Standards, as part of Technical Document Review applications, the form and final location of which shall be subject to the approval of the City Manager: a. An approximate 99.67-square-foot public access easement area adjacent to the existing 10th Street pedestrian easement. 6. Prior to issuance of a building permit, the Applicant shall submit, and obtain City Manager approval of, a separate floodplain development permit. 7. Prior to a building permit application, the Applicant shall execute any necessary agreements with the Central Area General Improvement District (CAGID) related to the proposed construction or maintenance of the property including without limitation the proposed bike parking in the underground garage and updates to the 10 th Street pedestrian corridor, in a form acceptable to the City Manager. 8. The Applicant shall be responsible for maintaining all stormwater quality improvements. 9. Prior to building permit issuance for the new building, the Applicant shall demonstrate that the building will either have a net site energy usage index (EUI) of zero or is designed to achieve a net site EUI that is 10 Attachment A - Planning Board Notice of Disposition Item 4A - 900 Walnut Site Review Page 7 Packet Page 509 of 903 percent lower than required under the City of Boulder Energy Conservation Code , consistent with Subparagraph 9-2-14(h)(1)(C), B.R.C. 1981. 10. In collaboration with city staff, the Applicant shall design improved crossing markings and signage for the intersection of the 10th St pedestrian way and the east-west running alley north of the site, and the plans shall be revised accordingly. 11. In order to satisfy the additional criteria for height bonus and land use intensity, the Applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, as required by Subparagraph 9-2-14(h)(6)(C), B.R.C. 1981. 12. In order to meet the access and circulation criteria in the Site Review, the plans shall be revised to show wayfinding signage that shall make it clear to pedestrians that the 10th street corridor is not private property but a public pedestrian corridor as reviewed and approved by the city. 13. In order to meet site review criteria regarding Open Space, Subparagraph 9-2-14(h)(2)(B), B.R.C. 1981, the Applicant shall revise the building plans to include a rooftop deck, that is at least 700 sq ft in size, and of an orientation and design acceptable to the city, accessible to the public under terms that are consistent with the 2019 Management and Operating Agreement between the City of Boulder, CAGID and St Julien Partners, LLC Concerning the Civic Use Pad Facility. By: _________________________________________________ Brad Mueller, Secretary of the Planning Board Attachment A - Planning Board Notice of Disposition Item 4A - 900 Walnut Site Review Page 8 Packet Page 510 of 903 EXHIBIT A LEGAL DESCRIPTION Unit G, Unit HG, and Unit H, according to the Condominium Declaration for the Ninth and Canyon Hotel and Parking Condominium recorded May 19, 2006 as Reception No. 2777799 and the Condominium Map, recorded May 19, 2006 as Reception No. 2777800 in the office of the Clerk and Recorder of Boulder County, Colorado, together with all those easements as described in the Condominium Declaration recorded May 19, 2006 as Reception No. 2777799 and Condominium Map recorded May 19, 2006 as Reception No. 2777800, and together with those rights granted pursuant to Revocable Permit #ADR2002-90045 recorded May 12, 2003 as Reception No. 2439903. Attachment A - Planning Board Notice of Disposition Item 4A - 900 Walnut Site Review Page 9 Packet Page 511 of 903 Civic Use Building900 Walnut Street Boulder CO, 80302LUR - Standard Site Review AmendmentLUR: #LUR2023-00046SHEET INDEX R0.01 Site Context R0.02 Site Design Narrative R0.03 Building Design Narrative R0.P2 Reference Level P2 Parking Plan R0.P1 Reference Level P1 Parking Plan R1.01 Reference Level 01 Floor Plan R1.02 Reference Level 02-03 Floor Plan A1.00 Floor Area PlansA0.P2 Level P2 Floor Plan A0.P1 Level P1 Floor Plan A1.01 Level 01 Floor Plan A1.01.5 Level 1.5 Mezzanine Floor Plan A1.02 Level 02 Floor Plan A1.03 Level 03 Floor Plan A1.04 Level 04 Floor PlanA1.05 Roof Plan A2.01 Building MaterialsA2.02 Building ElevationsA2.03 Building ElevationsA2.04 Building ElevationsA2.05 Building SectionsA2.06 Building SectionsA3.01 Massing Diagrams, SectionsA3.02 Conceptual RenderingsA3.03 Pedestrian Pathway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nlarged Elevations, Wall Sections, Details A4.02 Enlarged Elevations, Wall Sections, DetailsA4.03 Enlarged Elevations, Wall Sections, DetailsA4.04 Typical Window DetailsA5.01 Canyon Street Glazing A5.02 Pedestrian Easement ModificationA5.03 Requested Circulation DiagramA5.04 Building Height Modification A5.05 Shadow Study A6.01 Design Advisory BoardA6.02 Design Advisory Board Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 10 Packet Page 512 of 903 The existing Civic Use Pad site is meant to serve as a gateway to downtown and a critical connection between the cityÊs civic center (the Main Library and Municipal Building are across Canyon), Boulder Creek and the Downtown Business District. Today, the Walnut Street side to the north of the site has a mix of restaurants, shops, and offices. Along the alley and to both the east and west at Canyon, the site is bordered by tall office buildings, with restaurant and retail located at the first level. The property directly adjacent to the site - 1095 Canyon Blvd, is a mix of retail and office space on the main floor with condominiums above. To the southwest, significant views of the Flatirons are visible from the site.1 - CIVIC PAD LOOKING WEST2 - EXISTING ST. JULIEN HOTEL3 - EXISTING STREETSCAPE ON WALNUT LOOKING SOUTH6 - EXISTING ALLEY LOOKING EAST5 - AERIAL LOOKING SOUTHWEST7 - EXISTING 1095 CANYON, ALLEY 8 - EXISTING 1095 CANYONPEDESTRIAN PATHWALNUT STREET8TH STREETALLEYCANYON BLVD11TH STREET9TH STREETEXISTING CIVIC PAD27356844 - CIVIC PAD LOOKING EAST1R0.01SITE CONTEXTCIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 11Packet Page 513 of 903 BOULDER CREEK FLOODPLAINThe proposed Civic Use Building and much of the St. Julien property is located within the Boulder Creek 100-year floodplain. Southern portions of the site are also located in the conveyance and high hazard zones. Flood restrictions have helped to shape the site design and general building layout. A key element of the original project was the relocation of the conveyance zone boundary to the south to allow full use of the civic use building site. In addition, floodplain restrictions have required that non-residential buildings (including the parking garage) be flood-proofed without human intervention and hotel rooms be elevated above flood protection elevations. As proposed in this submission, the new structure will be dry-floodproofed to or above the flood protection elevation and will comply with all relevant code requirements. ACCESS, TRANSPORTATION AND MOBILITY Access to the Civic Building is available by pedestrians along 9th and 10th Streets, Walnut or Canyon. There is public parking below the site with elevator access to building entry with available bike and car parking and public transportation located nearby. Directional signage and the 10th Street site design are intended to separate people walking down 10th Street from cars entering and leaving the existing underground parking garage that sits directly below the Hotel and future Civic Use Building. As a condition of the original Site Review for the hotel, St. Julien provided a Pedestrian Easement to serve as the gateway into downtown and connect downtown to the CityÊs Civic Center, refer to R1.01. The buildings entry has been oriented such that it is adjacent to the elevator at the public parking as well as to pedestrians along the 10th Street Corridor. The Garage has 656 parking spaces, of which 100 are for the sole use of the existing hotel, while the remaining 556 spaces are allocated for public parking. There are also 93 spaces for bicycles located within the parking garage, along the pedestrian easement, and adjacent to the sidewalk at grade. As outlined in LUR2001-00017, there are no additional parking requirements for the civic use building as it is located within CAGID.OPEN SPACE AND LANDSCAPEThe existing landscape plan for the property shows a variety of plant and hard surface materials which accent streetscapes and enhance the projects buildings, including a Walnut Street entry court, approximately 50,000sf of publicly accessible open space on the southern side of the property, and the 10th Street corridor.The Civic Use Building is located entirely over the existing CAGID Garage, which sits above grade to provide flood protection at proposed openings for the building. As the existing garage expands to the extent of the property line(s), we do not have an opportunity to provide landscape along the 10th Street alley on the north and east sides of the building. To soften the urban landscape along the north, we have provided planters along the balcony perimeters at levels two thru four and a green roof above the mezzanine where the building is able to step back.SITE DESIGNThe existing St. Julien Hotel & Spa is located just outside of downtown Boulder and is surrounded with lush landscape and exceptional views of the Flatirons mountains. The proposed Civic Use Building is located on the southeast corner of the St. Julien property directly over the existing CAGID parking garage. 7*))))7*77777&++LEGEND:Designated Bike Route On-Street Bike Lane Separated Bike Lane Multi-Use Path Climbing LaneR0.02SITE DESIGN NARRATIVECIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 12Packet Page 514 of 903 LEVELG2LEVELG1LEVEL01ZONE LOT LINEHIGH HAZARD FLOW LINE EXISTING CUT IN STRUCTURAL SLAB FOR STAIR ACCESS TO CANYON BLVD. LEVEL G2LEVELG1EXISTING STRUCTURAL GRID IN CAGID PARKING GARAGE EXISTING CONDITIONSEXISTING GARAGE WALL Since February of 2000, St. Julien Partners, CAGID and the City of Boulder have envisioned a Civic Use Building adjacent to the St. Julien Hotel that would serve as a gateway between Downtown Boulder, thru the St. Julien Property to the City Civic Center. While there have been several interpretations over the years, it became evident that the building needed to be self-sustaining to remain viable. The proposed building is the culmination of years of planning among multiple entities. BUILDING SITING AND PUBLIC REALMThe Civic Use Building is oriented towards the south with views of the CityÊs Civic Center, Park and Flat Irons. The existing landscaped gardens, trees and adjacent publicly accessible open space is to remain and serve both the hotel and Civic Building. The pedestrian easement is intended as a connection from downtown to the Civic Center, while drawing pedestrians thru the entry court of the Civic Use Building and down towards the park. The entry court is to have a warm, subtle glow with layers of light, decorative paving, pedestrian scale canopies and planters. Refer to A3.03.FORM, MASSING, DESIGN AND MATERIALS The building height, mass, scale, orientation, and configuration are compatible with the existing character of the neighborhood and the 55Ê building height aligns with the buildings in the immediate area. The intent for the massing of the Civic Use Building is to complement the adjacent materiality of both the Hotel and the neighboring structure, while expressing its own identity ă refer to A2.03. In finding balance with the civic program on the main level and hotel above, the building has naturally evolved into a form with a solid, heavy base, a rhythmic middle and a lighter top. Paying homage to the neighboring flat irons, red sandstone is proposed to form the base ă as used in institutions across Boulder - cut or modular limestone, and metal inter-locking panels; refer to Sheets A2.01, A2.02, and A2.03. Each guest suite features a private balcony to provide relief within the perimeter planes and add depth to the elevations on the north and south sides of the building. EXISTING STRUCTUREOne of the design challenges for this project was to accommodate the existing structure within the parking garage, without the need to reinforce or modify the structural systems and existing flood protection ă while providing a clear span for the Banquet and Conference Facilities. To provide shoring, transfer beams, columns or new footings would have had significant impact on the parking garage and disrupt the buildings continuous waterproof membrane. After multiple structural studies, we have removed a planned mechanical mezzanine in the garage and aligned the columns directly above where they are currently located. We are utilizing post-tensioned concrete slabs to minimize the floor thickness and weight of the structure, while aligning the floor heights with the adjacent hotel. Without the ability to reinforce columns within the garage, the building form has less flexibility to step in plane or vary in height. Our post-tensioned slabs have gained strength in their continuity and resting on the perimeter column line to avoid over-loading interior columns.In addition to the inability to the reinforce structural columns, the top of the structural slab is located above grade. There are existing garage exhausts at the northeast and southeast corners, as well as an existing slab leave-out for future egress stair at the southeast corner of the building. BUILDING DESIGNTo maximize southern exposure for the conference facilities and provide transparency at the entry court, we have located the egress stair on the east side of the building, with the existing garage egress and kitchen along the north and northeast sides of the property. In an effort to allow solar access and accommodate the existing structure along the east side of the property line, we have stepped the building back at both the northeast and southeast corners by cantilevering the structure as much as we are able within the existing structural constraints.R0.03BUILDING DESIGN NARRATIVECIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 13Packet Page 515 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024R0.P2REFERENCE LEVEL P2 PARKING PLAN%1/2#%6%1/2#%6 %1/2#%6%1/2#%6 %1/2#%6%1/2#%6%1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6 %1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6 %1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6 %1/2#%6 %1/2#%6%1/2#%6 %1/2#%6 § §Z § §Z § §Z § §Z § §Z § §Z%1/2#%6%1/2#%6%1/2#%6 § §Z § §Z § §Z § §Z § §Z § §Z § §Z § §Z § §Z83; 314530:876 .--+*(' '&&%.)(3(;,67,1*3$5.,1**$5$*()5217=21(/27/,1()5217=21(/27/,1(6$6=21(/27/,1(,17(5,25=21(/27/,1(5($5=21(/27/,1(,17(5,25=21(/27/,1(6$6=21(/27/,1((;,67,1*3$5.,1**$5$*( 6&$/( 5()(5(1&(/(9(/33$5.,1*3/$1 (;,67,1* PLAN LEGENDZONE LOT LINEPARKING GARAGENEW CONSTRUCTIONEXTENTSVERTICALCIRCULATIONAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 14Packet Page 516 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024REFERENCE LEVEL P1 PARKING PLANR0.P1PLAN LEGENDZONE LOT LINEPARKING GARAGENEW CONSTRUCTIONEXTENTSVERTICALCIRCULATIONBIKE PARKING GROUND LEVEL......... 23 short termLEVEL P1.................... 20 short term spaces 50 long term spaces BIKE PARKINGELEC. ROOM STOR.FP(E) WATER ENTRYSTOR.Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 15Packet Page 517 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024 7*))))7*77777&++&$1<21%28/(9$5':$/187675((735,0$5<+27(/(175<+27(/&,9,&86(/2$',1* 75$6+(/(9$725$&&(667238%/,&3$5.,1**$5$*($//(<67$,5$&&(667238%/,&3$5.,1**$5$*(&$1<21%28/(9$5'7+675((7($6(0(17(;,67,1*3$5.,1**$5$*((175$1&((;,67 726(59(86(562)&,9,&86(%8,/',1* (;,67,1*67-8/,(1+27(/(/(9 (;,67,1*(/(&75,&$/75$16)250(5352326('&,9,&86(%8,/',1*(/(9 )5217=21(/27/,1()5217=21(/27/,1(6$6=21(/27/,1($5($2)1(:&216758&7,21,17(5,25=21(/27/,1(5($5=21(/27/,1(,17(5,25=21(/27/,1(6$6=21(/27/,1(:$/187675((735,0$5<&,9,&86((175<23(163$&( 6)352326('3('(675,$1($6(0(17 (;,67,1*,19(57('8%,.(5$&.6 67$//6 (;,67,1*%,.(5$&. 67$//6 (;,67,1*,19(57('8%,.(5$&.6 67$//6 <$5':$67(%,16(;,67,1*/,0((/(&75,&6&227(53$5.,1* 6725$*(=21(&(17(5/,1(2)&$1<21%28/(9$5' 352326('%,.(5$&.6 67$//6 6&$/( 5()(5(1&(/(9(/)/2253/$1REFERENCE LEVEL 01 FLOOR PLANR1.01PLAN LEGENDZONE LOT LINEEXISTING STRUCTURENEW STRUCTURENEW CONSTRUCTIONEXTENTSOPEN SPACEHIGH HAZARD ZONEOPEN SPACE CALCULATIONPROPERTY = 118,223 SF OPEN SPACE = MIN. 20%118,223 x 0.20 = 23,645 SFACTUAL OPEN SPACE = 35,050 SFBIKE PARKING GROUND LEVEL......... 23 short termLEVEL P1.................... 20 short term spaces 50 long term spaces SITE AREAAREA A: 115,475 SF (PART OF PROPERTY)AREA B: 2,748 SF (PART OF PROPERTY, FULLY VACATED FORMER ROW)SITE AREA = (AREA A) + (AREA B) = 118,223 SF REFER TO SHEET A1.00 FOR FAR CALCULATIONS. AREA A AREA B (FULLY VACATED) PARKING GARAGE ENTRYAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 16Packet Page 518 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024REFERENCE LEVEL 02-03R1.02 7*))))7*7777&++)5217=21(/27/,1()5217=21(/27/,1(6$6=21(/27/,1($5($2)1(:&216758&7,21,17(5,25=21(/27/,1(5($5=21(/27/,1(,17(5,25=21(/27/,1(6$6=21(/27/,1($5($2)1(:&216758&7,21352326('&,9,&86(%8,/',1*(;,67,1*67-8/,(1+27(/:$/187675((7352326('%5,'*(&211(&7,21$%29(($6(0(17&$1<21%28/(9$5' 6&$/( 5()(5(1&(/(9(/)/2253/$1PLAN LEGENDZONE LOT LINEEXISTING STRUCTURENEW STRUCTURENEW CONSTRUCTIONEXTENTSOPEN SPACEHIGH HAZARD ZONEAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 17Packet Page 519 of 903 CIVIC USE BUILDING 900 WALNUT STREET, BOULDER, CO 80302 LAND USE REVIEW SITE REVIEW AMENDMENT 23 AUGUST 2024 EXISTING HOTEL FLOOR AREA = 149,950 SF NEW ADDITION FLOOR AREA = 50,071 SF TOTAL FLOOR AREA = 200,019 SF FLOOR AREA FLOOR AREA / SITE AREA RATIO (FAR) 200,019 SF /118,223 SF =1.69 1.69 < 1.70 MAX 83 83 6) &,9,&(9(1763$&( 6) 6(59,&(&255,'25 6) 6725$*( 6) .,7&+(1 6) &,5&8/$7,21 6) 6725$*( 6) ',63/$<63$&( 6) &,5&8/$7,21 6) 35()81&7,21 6) 5(6752206 6) 67$,5 6) (/(9/2%%< 6) 9(67,%8/( 6) 67$,5 6) (/(& 81,1+$%,7$%/( 6) 0(&+$1,&$/ 81,1+$%,7$%/( 6) (/(9 6) 67$,5 6) 87,/,7<6+$)7 6) ,') 81,1+$%,7$%/( 23(172 %(/2: 6) 0(&+$1,&$/ 81,1+$%,7$%/( 6) &29(5('*8(67 %$/&21< 6) *8(6752206 6) *8(6752206 6) &29(5('*8(67 %$/&21< 6) &29(5('*8(67 %$/&21< 6) &,5&8/$7,21 6) 67$,5 6) 6725 6) 67$,5 6) (/(9 6) 87,/,7<6+$)7 6) 87,/,7<6+$)7 6) *8(6752206 6) *8(6752206 6) &29(5('*8(67 %$/&21< 6) &29(5('*8(67 %$/&21< 6) &,5&8/$7,21 6) 67$,5 6) 6725 6) (/(9 6) &29(5('*8(67 %$/&21< 6) 67$,5 6) 87,/,7<6+$)7 6) 87,/,7<6+$)7 6) *8(6752206 6) &,5&8/$7,21 6) (/(9 6) 67$,5 6) 6725 6) &29(5('*8(67 %$/&21< 6) &29(5('*8(67 %$/&21< 6) 67$,5 6) &29(5('*8(67 %$/&21< 6) *8(6752206 6) 87,/,7<6+$)7 6) 87,/,7<6+$)7 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024%1/2#%6 %1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6 %1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6 § §Z § §Z § §Z § §Z § §Z § §Z § §Z § §Z § §Z83; 345:876$ (;,67,1*(/(9$72567*67$,56$6=21(/27/,1((;,67,1*3$5.,1**$5$*((/(9 38%/,&(/(9$7258372675((7&,9,&86(63$&(,17(5,25=21(/27/,1(,17(5,25=21(/27/,1($ 3 6&$/( 3$57,$//(9(/33$5.,1*3/$1LEVEL P2 FLOOR PLANA0.P2%1/2#%6 %1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6 § §Z § §Z § §Z § §Z § §Z § §Z § §Z § §Z § §Z83$725(;,67,1*(/(9$$9(((,17,1(((67*67$,5(;,67,1*3$5.,1**$5$*((/(9 38%/,&(/(9$7258372675((7&,9,&86(63$&(PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKINGAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 19Packet Page 521 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024===%1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%68#08383; 345:876$ 67$,5(;,67,1*:$7(5(175<5220),5(3527(&7,21(;,67,1*3$5.,1**$5$*((/(9 38%/,&(/(9$7258372675((7&,9,&86(63$&(6725$*((/(&6$6=21(/27/,1(,17(5,25=21(/27/,1(,17(5,25=21(/27/,1((;,67,1*:$7(5/,1(72+27(/072$11(;638%/,&67$,5$&&(668372$//(<$7/(9(//21*7(50%,.(3$5.,1* 67$//6*5($6(,17(5&(37256725$*(*$5$*(,17$.( %,.(5$&. %,.(67$//63$5.,1* 67$//6 6&$/( 3$57,$//(9(/33$5.,1*3/$1LEVEL P1 FLOOR PLANA0.P1=%1/2#%6 %1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%6%1/2#%68#0(;,67,1*3$5.,1**$5$*((/(9 38%/,&(/(9$7258372675((7&,9,&86(63$&(/21*7(50%,.(3$5.,1* 67$//66725$*(*$5$*(,17$.($*( ,17$.($*( ,17$.($$$****((((,11117777$$$$$....(((($$*( ,17$.( %,.(5$&. %,.(67$//63$5.,1* 67$//6PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKINGAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 20Packet Page 522 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 202483838383; 345:876$&255,'25(9(1767$*,1* 3.,7&+(1&255,'2535()81&7,21:20(1 60(1 6(/(9/2%%<6725$*(6725$*(5(9,6('3('(675,$1($6(0(175()(5726+((7$)25$'',7,21$/,1)250$7,21(/(9$725$&&(667238%/,&3$5.,1**$5$*( 67$,5',63/$<6$6=21(/27/,1(,17(5,25=21(/27/,1(,17(5,25=21(/27/,1(&,9,&(9(1763$&( 6) (/(9 3('(675,$1($6(0(17 *$5$*(,17$.(3/$17(5*$5$*(,17$.(67$,5$&&(667238%/,&3$5.,1**$5$*(287/,1(2)3$5.,1**$5$*(%(/2: 0$;&$17,/(9(5('522)$:1,1*$%29(+,*++$=$5'=21(1(:6758&785$/&2/8013/$17(56(;,67,1*67-8/,(1+27(//,1(2)&$123<$%92(/,1(2)522)$%29(<$5'&203267,1*<$5'5(&<&/,1*<$5'75$6+$&&(6672*5($6(,17(5&(3725 /(9(/3 $$%$&$'$67$,5'(&25$7,9($5&+(6$%29(3/$17(563/$17(56 *$7('75$6+(1&/2685(67$,5%,.(5$&.6,1*/(86(5&255,'25$/(9(/ )/225 3/$1 6&$/( /(9(/)/2253/$1LEVEL 01 FLOOR PLANA1.01PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKINGAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 21Packet Page 523 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024LEVEL 1.5 MEZZANINE FLOOR PLANA1.01.5PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKING83; 345:876'28%/(+(,*+7&21)(5(1&(63$&($ 67$,5 +(,*+72)%5,'*(*5($7(57+$1 $%29(*5$'(3(57+(5(48,5(0(1762)7+(3('(675,$1($6(0(176$6=21(/27/,1(,17(5,25=21(/27/,1(&$1<21%28/(9$5' ,17(5,25=21(/27/,1(67$,567$,587,/,7<6+$)7$$%$&$'$ (/(& 81,1+$%,7$%/( 23(172%(/2:'(',&$7('287'225$,56<67(0'(',&$7('287'225$,56<67(0 :$/.,1&2035(662523(172%(/2:0$.(83$,581,7 6&$/( 0(==$1,1(/(9(/)/2253/$1HPHPHPHPHPHPHPHP30 X 16 DUCT24 X 16 DUCT24 X 16 DUCT26 X 26 DUCT 22 X 12 DUCT32 X 12 DUCT24 X 12 DUCT18 X 12 DUCT36 X 16 DUCT24 X 24 DUCT 24 X 12 DUCT16 X 10 DUCT22 X 14 DUCT26 X 12 DUCT 24 X 10 DUCT 20 X 10 DUCT 18 X 12 DUCT22 X 16 DUCT22 X 16 DUCT22 X 16 DUCT22 X 16 DUCT16 X 12 DUCT16 X 12 DUCT24 X 14 DUCT 24 X 14 DUCT 28 X 16 DUCT 28 X 16 DUCT 24 X 14 DUCT24 X 14 DUCT20 X 10 DUCT16 X 12 DUCT24 X 14 DUCT 24 X 16 DUCT 22 X 12 DUCT 24 X 14 DUCT 20 X 12 DUCT 10 X 8 DUCT12 X 10 DUCT20 X 16 DUCT16 X 10 DUCT 24 X 12 DUCT 20 X 12 DUCT 18 X 10 DUCT 10 X 8 DUCT10 X 8 DUCT24 X 16 DUCT 18 X 12 DUCT10 X 8 DUCT16 X 10 DUCTHP = VERTICAL WATER SOURCE HEAT PUMP UNIT = INDICATES CLEAR PATH TO SERVICE EQUIPMENTAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 22Packet Page 524 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024LEVEL 02 FLOOR PLANA1.02PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKING; 345:876$ 3/$17(5%2;3/$17(5%2;3/$17(5%2;3/$17(5%2;5($5=21(/27/,1(,17(5,256,'(=21(/27/,1($:1,1*%(/2:6$6=21(/27/,1( 67$,5*8(67(/(967$,56725 (/(9/2%%< 522)%(/2:*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21< $$%$&$'$ 6&$/( /(9(/)/2253/$1Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 23Packet Page 525 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024LEVEL 03 FLOOR PLAN A1.03PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKING; 345:876$ ,17(5,256,'(=21(/27/,1(6$6=21(/27/,1( (/(9/2%%<67$,56725*8(67(/(9*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<,17(5,256,'(=21(/27/,1(*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<3/$17(5%2;3/$17(5%2;3/$17(5%2;3/$17(5%2; &$1<21%28/(9$5'$$%$&$'$ 6&$/( /(9(/)/2253/$1Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 24Packet Page 526 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024LEVEL 04 FLOOR PLANA1.04PLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKING; 345:876$ ,17(5,256,'(=21(/27/,1(6$6=21(/27/,1( 6(7%$&. 67$,56725*8(67(/(967$,5,17(5,256,'(=21(/27/,1(*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<3/$17(5%2;3/$17(5%2;3/$17(5%2;3/$17(5%2; (/(9/2%%< $$%$&$'$ 0(&+6+$)7 6(7%$&. 6&$/( /(9(/)/2253/$1Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 25Packet Page 527 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024; 345:876$ ,17(5,25=21(/27/,1(,17(5,256,'(=21(/27/,1(6$6=21(/27/,1((1&/26('0(&+$1,&$/5220 D %5& 6&5((1('522)7230(&+$1,&$/ 6) 0(&+62/$5$55$< 2)727$/522)$5($ )8785(62/$5$55$<6)(/(9$7253(17+286(727$/522)/(9(/$5($ 6)$&&(66)520(;,67,1*522)723522)$&&(66+$7&+522)%(/2:%$/&21< %(/2: 522) %(/2: 522)%(/2: 0(&+$1,&$/6&5((1)(1&(&22/,1*72:(5+($9</,1(,1',&$7(6727$/522)$5($%281'$5<$$%$&$'$(/ 7232)522) 0(&+<$5'0(&+<$5' 0(&+$1,&$/6&5((1)(1&( 6&$/( /(9(/522)3/$1ROOF PLANA1.05SCREENED ROOFTOP = 2,015 SFFUTURE SOLAR ARRAY = 1,700 SFTOTAL ROOFTOP AREA = 3,715 SF3,715 SF / 15,865 SF x 100 = 23.4%23.4% < 25% MAX. OF TOTAL ROOF AREAPLAN LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSGUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKINGBUILDING HEIGHT, APPURTENANCESAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 26Packet Page 528 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING MATERIALSA2.01MATERIALSSANDSTONE LEDGESTONE TO MATCH ADJACENT ST. JULIEN HOTELLIMESTONE PANELSDIMENSIONAL STONEARRISCRAFT, LIMESTONE TANWINDOWSALUMINUM-CLAD WOOD WINDOWSNatural BlackMETAL PANELSVMZINC QUARTZ-ZINCCEMENT-BASED STUCCOFINE FINISHPATTERN & TEXTURESFORMED METAL WALL PANELING PATTERN, TEXTURE AT LIMESTONE PANELSPLANTERSMETAL PANEL ALUMINUM-CLAD WOOD WINDOWSLIMESTONE PANELSANDSTONE LEDGESTONEPRE-FINISHED CORRUGATED METAL MECHANICAL SCREENFORMED METAL PANEL CORNICEPRE-FINISHED STEEL RAILINGSPRE-FINISHED STEEL CHANNEL PRE-FINISHED STEEL POSTBACK-LIT PERFORATED METALTEXTURED WALL WASHERCS-2CS-1PLANTERSPRE-CAST CONCRETE CAPPRE-CAST CONCRETE ACCENTARCHITECTURAL MASONRY, DIMENSIONAL STONEECHELON, TRENWYTH TRENDSTONE PLUSMW White CM-1MT-1MT-2MT-3ST-1SN-2SN-1Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 27Packet Page 529 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING ELEVATIONSA2.02SCALE: 1/8” = 1’-0”0’ 4’ 8’16’SOUTH ELEVATION SCALE: 1/8‰ = 1Ê-0‰ 1WEST ELEVATION SCALE: 1/8‰ = 1Ê-0‰ 2PRE-FINISHED CORRUGATED METAL ENCLOSUREEXISTING HIGH HAZARD RETAINING WALL (SN-1)EXISTING EXTERIOR STAIRSCURTAIN WALL SYSTEM ELEVATOR OVERRUN (MT-1)FLOOD RESISTANT STOREFRONT GLAZING ASSEMBLIESSN-1SN-2MT-1MT-1MT-1CM-1MT-3SN-2MT-3SN-1METAL RAILINGS (ST-1)MT-1DECORATIVE STEEL ARCHES (ST-1)CUSTOM PERFORATED METAL PANEL INSTALLATION (MT-4)SN-1SN-2MT-3MT-1MT-1PRE-FINISHED CORRUGATED METAL ENCLOSUREPLANTERS FLOOD DOORS AND FLOOD RESISTANT STOREFRONT GLAZING ASSEMBLIESPC-1SN-2PC-1PRE-FINISHED METAL CORNICE (MT-3)ARCHITECTURAL STEEL LINTEL (ST-1)SN-1MT-2MT-1ARCHITECTURAL STEEL ACCENT (ST-1)ST-1PC-1MT-2ST-1MT-3MT-3ST-1PC-1PRE-FINISHED MECHANICAL LOUVERSPRE-FINISHED METAL CORNICE (MT-3)CS-1PC-1ARCHITECTURAL STEEL LINTEL (ST-1)ARCHITECTURAL STEEL ACCENT (ST-1)MT-4ST-11A4.01MT-1ARCHITECTURAL STEEL LINTEL (ST-1)PC-1PRECAST CONC. ACCENTSSN-1SANDSTONE LEDGESTONEMATERIAL LEGENDSN-2LIMESTONE PANEL MT-1FORMED METAL PANEL CS-2CEMENT STUCCO 2CS-1CEMENT STUCCO 1MT-2METAL COMPOSITE PANELMT-3FORMED METAL TRIMCM-1ARCHITECTURAL MASONRYMT-4PERFORATED METAL ST-1ARCHITECTURAL STEEL ACCENTS CON-1C.I.P. BOARD FORMED CONC. MT-1Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 28Packet Page 530 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING ELEVATIONSA2.03SCALE: 1/8” = 1’-0”0’ 4’ 8’16’ELEVATOR OVERRUN (MT-1)CURTAIN WALLPRE-FINISHED CORRUGATED METAL ENCLOSURECON-1CUSTOM PERFORATED METAL PANEL INSTALLATION (MT-4)CM-1MT-1WASTE ENCLOSURE (MT-4)METAL RAILING (ST-1)CS-2CS-1SN-1MT-1MT-1SN-2SN-1CM-1PRE-FINISHED METAL RAILINGS (ST-1)MECHANICAL LOUVERSMT-1SN-1MT-1ST-1MT-4MT-1ST-1SN-2ARCHITECTURAL STEEL ACCENT (ST-1)METAL RAILINGS (ST-1)MT-1DECORATIVE ARCHES (ST-1)MT-1SN-1CS-2PRE-FINISHED METAL CORNICE (MT-3)MT-3CS-1CM-1CS-1PRE-FINISHED METAL CORNICE (MT-3)MT-3PRE-FINISHED CORRUGATED METAL ENCLOSUREOUTLINE OF ADJACENT BUILDING1A4.02PC-1PRECAST CONC. ACCENTSSN-1SANDSTONE LEDGESTONEMATERIAL LEGENDSN-2LIMESTONE PANEL MT-1FORMED METAL PANEL CS-2CEMENT STUCCO 2CS-1CEMENT STUCCO 1MT-2METAL COMPOSITE PANELMT-3FORMED METAL TRIMCM-1ARCHITECTURAL MASONRYMT-4PERFORATED METAL ST-1ARCHITECTURAL STEEL ACCENTS CON-1C.I.P. BOARD FORMED CONC. NORTH ELEVATION SCALE: 1/8‰ = 1Ê-0‰ 1EAST ELEVATION SCALE: 1/8‰ = 1Ê-0‰ 2Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 29Packet Page 531 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING ELEVATIONSA2.04STREET VIEW OF ST. JULIEN HOTELSTREET VIEW OF ST. JULIEN HOTEL AND EXISTING CIVIC USE PARKING PADSTREET VIEW OF 1095 CANYON BLVD.ST. JULIEN HOTEL1095 CANYON BLVD. 87’-10”86’-8”86’-5”VERTICAL FACADE BREAKS AT 28’ LOCATIONS (ALIGNING WITH EXISTING COLUMN GRID)CONNECTOR BRIDGE SET BACK 48’10” FROM FACADE @ FLOORS 02-04BALCONY WALL SET BACK 13’-0” FROM FACADE @ FLOORS 02-04BALCONY WALL SET BACK 8’-6” FROM FACADE @ FLOORS 02-04WALLS SET BACK 8’-6” FROM FRONT FACADEWALL SET BACK 21’-6” FROM FRONT FACADE @ FLOORS 01-03, STEPS BACK 34’-10” @ FLOOR 4PROPOSED CIVIC USE BUILDINGOVERALL BUILDING LENGTH = 168’-3”Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 30Packet Page 532 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING SECTIONSA2.05NORTH-SOUTH BUILDING SECTION SCALE: 1/8‰ = 1Ê-0‰ 1LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSMECHANICAL (INHABITABLE)GUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKINGGUEST ROOMGUEST ROOMGUEST ROOMGUEST ROOMGUEST ROOMGUEST ROOMCIVIC USE SPACEMECHANICAL (INHABITABLE)GUEST BALCONYGUEST BALCONYGUEST BALCONYGUEST BALCONYGUEST BALCONYGUEST BALCONYAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 31Packet Page 533 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING SECTIONSA2.06EAST-WEST BUILDING SECTION SCALE: 1/8‰ = 1Ê-0‰ 1LEGENDZONE LOT LINEEXISTINGSTRUCTUREVERTICALCIRCULATIONCONFERENCEKITCHEN / SERVICERESTROOMSMECHANICAL (INHABITABLE)GUEST ROOMSELEC / IDF / UTILITIES MECHANICAL (UNINHABITABLE)CIRCULATIONSTORAGEEXISTING PARKINGMECHANICAL (UNINHABITABLE)LONG TERM BIKE PARKINGMECHANICAL ROOM(BEYOND)MECHANICAL (UNINHABITABLE)Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 32Packet Page 534 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024MASSING DIAGRAMSA3.01BIRDÊS EYE PERSPECTIVE OF NE CORNERALLEY1077 CANYON BLVD.1050 WALNUT1002 WALNUTBIRDÊS EYE PERSPECTIVE OF SE CORNERCANYON BLVD.1077 CANYON BLVD.1002 WALNUTBIRDÊS EYE PERSPECTIVE OF SW CORNERCANYON BLVD.1077 CANYON BLVD.1050 WALNUT1002 WALNUT/(9(/ ;/(9(/ /(9(/ /(9(/ 0(==$1,1( 0$;%/'*+7 0$;3$5$3(7+7 : )/22'3527(&7,21(/(9$7,21 522) /(9(/ /(9(/ /(9(/ /(9(/ 1$9' 1$9' 1$9' 1$9' 1$9' /(9(/ ;/(9(/ /(9(/ /(9(/ 0(==$1,1( 0$;%/'*+7 0$;3$5$3(7+7 : )/22'3527(&7,21(/(9$7,21 522) /(9(/ /(9(/ /(9(/ /(9(/ 1$9' 1$9' 1$9' 1$9' 1$9' /(9(/ ;/(9(/ /(9(/ /(9(/ 0(==$1,1( 0$;%/'*+7 0$;3$5$3(7+7 : )/22'3527(&7,21(/(9$7,21 522) /(9(/ /(9(/ /(9(/ /(9(/ 1$9' 1$9' 1$9' 1$9' 1$9' /(9(/ ;/(9(/ /(9(/ /(9(/ 0(==$1,1( 0$;%/'*+7 0$;3$5$3(7+7 : )/22'3527(&7,21(/(9$7,21 522) /(9(/ /(9(/ /(9(/ /(9(/ 1$9' 1$9' 1$9' 1$9' 1$9' 6&$/( $($67(/(9$7,216(&7,216&$/( %($67(/(9$7,216(&7,216&$/( &($67(/(9$7,216(&7,216&$/( '($67(/(9$7,216(&7,21GUEST BALCONYGUEST BALCONYGUEST BALCONYMECHSTORAGECOMMERCIAL RESIDENCERESIDENCERESIDENCE BALCONYSTORAGEIDFGUEST ROOMCOMMERCIAL RESIDENCERESIDENCERESIDENCERESIDENCERESIDENCECOMMERCIAL STAIRSTORAGEGUEST ROOMGUEST ROOMGUEST ROOMMECH.GUEST ROOMGUEST ROOMGUEST ROOMMECH.KITCHENCOMMERCIAL RESIDENCERESIDENCERESIDENCERESIDENCE1077 CANYON BLVD. 900 WALNUT ST.1077 CANYON BLVD. 900 WALNUT ST.1077 CANYON BLVD. 900 WALNUT ST.1077 CANYON BLVD. 900 WALNUT ST.GUEST ROOMGUEST ROOMAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 33Packet Page 535 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024CONCEPTUAL RENDERINGSA3.02A: VIEW ALONG CANYON BLVD. B: VIEW OF PEDESTRIAN PATHWAY FROM NORTH AT SUNSETC: PEDESTRIAN VIEW ALONG CANYON BLVD. LOOKING WESTABCAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 34Packet Page 536 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 20248383$$$(/(9/2%%<35()81&7,21&,9,&86(63$&(('*(2)522)$%29( ('*(2)522)$%29('(&25$7,9($5&+(629(5+($'5(9,6('3('(675,$1($6(0(17 5()(5726+((7$)25$'',7,21$/,1)250$7,2167$,5$&&(667238%/,&3$5.,1**$5$*(3/$17(5(/(9$725$&&(667238%/,&3$5.,1**$5$*(72:$/1876772%28/'(5&,7<&,9,&&(17(5 %,.(5$&.6 63$&(6 3/$17(53/$17(53/$17(5PEDESTRIAN PATHWAY A3.03A: VIEW OF ENTRY FROM CANYON BLVD. B: VIEW FROM COVERED PORTION OF PEDESTRIAN PATHWAYC: VIEW FROM PEDESTRIAN PATHWAY TOWARDS CANYON BLVD. D. VIEW FROM WALNUT STREET TOWARDS NEW CIVIC USE BUILDING ABCDINSPIRATION IMAGERY FOR THE CUSTOM, PERFORATED METAL PANEL INSTALLATION AT PEDESTRIAN EASEMENT Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 35Packet Page 537 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024ENLARGED ELEVATIONS, WALL SECTIONS, DETAILSA4.01/(9(/ /(9(/ /(9(/ /(9(/ 522)/(9(/ 0(==$1,1( +,6725,&/2:32,17 1$9' 0$;%/'*+7 0$;3$5$3(7+7 $$$$$$$$35(),1,6+('&2558*$7('0(7$/3$1(/(1&/2685()250('0(7$/&251,&( 07 $5&+,7(&785$/67((/&+$11(/ 67 /,0(6721(7+,16(79(1((5 61 6$1'6721(/('*(6721( 61 35(&$677,17('&21&5(7($&&(17&$36 3& )/22'5(6,67$176725()5217:,1'2:635(),1,6+('0(7$/5$,/,1* 67 35(&$677,17('&21&5(7($&&(17&$36 3& )/22'3527(&7,21(/(9$7,21 /,0(6721(7+,16(79(1((50(7$/3$1(/&/$'',1* 07 35(&$677,17('&21&5(7(%$6($1'/2:(5:$//&$3 3& $5&+,7(&785$/67((/ & &+$11(/+($'(5 67 :$//6&21&(67((/6+$'($:1,1*(;,67,1*&21&5(7(:$//:,7+/('*(6721(9(1((5 61 67((/3/$17(5%2;(6 67 $$$$$3$5.,1**$5$*(&21)(5(1&(5220*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<$$35(&$677,17('&21&5(7(:$//&$335(&$677,17('&21&5(7(:$//&$33$,17('67((/&2/801%(<21'3$,17('67((/5$,/,1*/,0(6721(&/$'3,/$67(5 %(<21' /,0(6721(',0(16,21$/3$1(/3$,17('67((/&&+$11(/&(0(17678&&262)),7/,0(6721(&/$'3,/$67(5 %(<21' 3('(67$/3$9(565,*,',168/$7,2135(&$677,17('&21&5(7(&$36$1'6721(/('*(6721(9(1((532677(16,21('&21&5(7(,17(50(',$7(0(7$/&/$'&2/801 %(<21' 3$,17('67((/5$,/,1* 6$1'6721(/('*(6721(9(1((535(&$677,17('&21&5(7(&$3$1':$//&$367((/3/$17(5%2;0(7$/678':$//$66(0%/<0(7$/3$1(/5( (/(9 )/22'5(6,67$176725()5217:,1'2:$/80,1806725()52176<67(035(),1,6+('0(7$/)/$6+,1*6$1'6721(/('*(6721(9(1((567((/ & &+$11(/67((/6+$'($:1,1* +,*++$=$5')/2:/,1( $7*5$'( 0(7$/&/$'&2/801%27+6,'(6)/$7%$567((/%$/867(56$1')5$0(070(7$/&20326,7(3$1(/ +6632675( 6758&785$/ 6&$/( (1/$5*('(/(9$7,21 6287+(/(9$7,21$ 6&$/( :$//6(&7,21 6287+)$&$'(6&$/( 6(&7,21'(7$,/6&$/( 6(&7,21'(7$,/6&$/( 6(&7,21'(7$,/6&$/( 6(&7,21'(7$,/6&$/( '(&25$7,9(0(7$/5$,/,1*'(7$,/6&$/( '(&25$7,9(0(7$/5$,/,1*3/$1Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 36Packet Page 538 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024/(9(/ /(9(/ /(9(/ /(9(/ 522)/(9(/ 0(==$1,1( +,6725,&/2:32,17 1$9' 0$;%/'*+7 0$;3$5$3(7+7 $35(),1,6+('&2558*$7('0(7$/3$1(/(1&/2685()250('0(7$/&251,&( 07 $5&+,7(&785$/67((/&+$11(/ 67 35(),1,6+('0(7$/5$,/,1* 67 /,0(6721(7+,16(79(1((5 61 ,17(*5$/3/$17(5%2; 07 35(&$677,17('&21&5(7(&$3 3& 6$1'6721(/('*(6721( 61 3(5)25$7('0(7$/:$//3$1(/,1* 07 )/22'3527(&7,21(/(9$7,21 $5&+,7(&785$/67((/&&+$11(/ 67 0(7$/3$1(/&/$'',1* 07 )250('0(7$/3$1(/&2/801(1&/2685( 07 35(),1,6+('0(7$/5$,/,1*$5&+,7(&785$/67((/&2/8016$1'%($063$57&(0(17,7,286678&&20(7$/3$1(/&/$'',1* 07 6&5((1('0(&+$1,&$/63$&(%2$5')250('&21&5(7($$$$$0(&+$1,&$/63$&(*8(67%$/&21<*8(67%$/&21<*8(67%$/&21<7<3,&$/%$/&21<',9,'(560(1 6)/8,'$33/,(':($7+(55(6,67$17%$55,(53/$17,1*62,/3(5/$1'6&$3(35(&$677,17('&21&5(7(:$//&$3 3& 67$1'$5'&08/,0(6721(',0(16,21$/3$1(/6 61 $5&+,7(&785$/67((/&&+$11(/ 67 0(7$/5$,/,1* 67 3527(&7,21%2$5'*(2)2$0'5$,1$*(%2$5'&(0(17678&&262)),7 &6 )/8,'$33/,(':($7+(55(6,67$17%$55,(53/$17,1*62,/3(5/$1'6&$3(35(&$677,17('&21&5(7(:$//&$3 3& 67$1'$5'&08$5&+,7(&785$/0$6215<%/2&. &0 0(7$/3$1(/ 07 0(7$/5$,/,1* 67 3527(&7,21%2$5'*(2)2$0'5$,1$*(%2$5' 35(),1,6+('0(7$/&$3 07 $5&+,7(&785$/67((/&&+$11(/ 67 &(0(17678&&262)),7 &6 /(9(/ 35(&$677,17('&21&5(7(&$3(/ (/ 522),1*0(0%5$1()/8,'$33/,('$,5%$55,(535(&$677,17('&21&5(7(:$//&$33527(&7,21%2$5'7+528*+:$//)/(;,%/()/$6+,1*$5&+,7(&785$/67((/ & &+$11(/ 67 0(7$/678':$//$66(0%/<6$1'6721(/('*(6721( 61 ,17(5,25522)'5$,13,3(',0(16,21$//,0(6721(3$1(/6 61 6&$/( (1/$5*('(/(9$7,21 $/21*$//(<6&$/( 6(&7,21'(7$,/ *$5$*(6,*1$*(6&$/( 3/$17(5%2;'(7$,/$7/,0(6721(9(1((56&$/( 3/$17(5%2;'(7$,/$70(7$/3$1(/6&$/( 6(&7,21'(7$,/ENLARGED ELEVATIONS, WALL SECTIONS, DETAILSA4.02Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 37Packet Page 539 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024ENLARGED ELEVATIONS, WALL SECTIONS, DETAILSA4.03)250('0(7$/&251,&( 07 732522),1*0(0%5$1(7$3(5('5,*,',168/$7,215,*,',168/$7,21$5&+,7(&785$/67((/ & &+$11(/$/80,180&/$':22':,1'2:$5&+,7(&785$/67((/%($0%(<21' 67 &(0(17678&&262)),70(7$/3$1(/&/$'',1* 07 )/8,'$33/,('$,5:($7+(5%$55,(5',0(16,21$//,0(6721(3$1(/6 61 (;7(5,25 (4(435(),1,6+('0(7$/)/$6+,1*-2,176($/$17 %$&.(552'::((36)/8,'$33/,('$,5:($7+(5%$55,(5/,0(6721(3$1(/ 61 (;7(5,25,17(5,253$57&(0(17,7,286678&&235(&$677,17('&21&5(7(&$3 3& /,0(6721(3$1(/ 61 5( (/(9$7,216 (;7(5,25:$//7<3(635(),1,6+('0(7$/)/$6+,1*67((/6833257$1*/()/8,'$33/,('$,5:($7+(5%$55,(5/('*(6721(&/$'',1* 61 (;7(5,25,17(5,2535(&$677,17('&21&5(7(&$3 3& /('*(6721(&/$'',1*(;7(5,25,17(5,25(;7(5,25,17(5,25/('*(6721(&/$'',1* 61 0(7$/678':$//$66(0%/< 35(&$677,17('&21&5(7(&$36721( 3& )8//'(37+/('*(6721(9(1((5 61 7+,1&87/('*(6721(9(1((5$75(&(66 61 0(7$/3$1(/ 07 (;7(5,25,17(5,256&$/( (1/$5*('6(&7,21#/,0(6721(3$1(/72678&&275$16,7,216&$/( (1/$5*('3/$1'(7$,/#/,0(6721(&2/801:5$36&$/( (1/$5*('3/$1'(7$,/#/('*(6721(3,/$67(56&$/( (1/$5*('6(&7,21#/('*(6721(72/,0(6721(3$1(/75$16,7,216&$/( 6(&7,21'(7$,/#/(9(/%$/&21<522)$6&$/( (1/$5*('3/$1'(7$,/#/('*(6721($&&(175(&(666&$/( (1/$5*('3/$1'(7$,/#/('*(6721($&&(175(&(66Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 38Packet Page 540 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024TYPICAL WINDOW DETAILSA4.04,17(5,25(;7(5,2535(),1,6+('$/80,1806+((70(7$/)/$6+,1*6$1'6721(/('*(6721(&/$'',1* 61 $/80,1806725()5217:,1'2:,17(5,25(;7(5,2535(),1,6+('$/80,1806+((70(7$/)/$6+,1*6$1'6721(/('*(6721(&/$'',1* 61 $/80,1806725()5217:,1'2::$//%(<21'67((/6833257$1*/(,17(5,25(;7(5,250(7$/678':$//$66(0%/<6$1'6721(/('*(6721(&/$'',1* 61 $/80,1806725()5217:,1'2:,17(5,25(;7(5,25/,0(6721(3$1(/ 61 $/80,180&/$':,1'2::-$0%(;7(16,2135(&$677,17('&21&5(7(6,// 3& ,17(5,25(;7(5,25$/80,180&/$':,1'2::-$0%(;7(16,217+,16(7/,0(6721(3$1(/ 61 ,17(5,25(;7(5,25$'+(5('/,0(6721(3$1(/ 61 $/80,180&/$':,1'2::-$0%(;7(16,2167((/6833257$1*/((;7(5,25,17(5,250(7$/678':$//$66(0%/<$/80,180&/$':,1'2::-$0%(;7(16,213$57&(0(17,7,286678&&2(;7(5,25,17(5,25$/80,180&/$':,1'2::-$0%(;7(16,210(7$/678':$//$66(0%/<3$57&(0(17,7,286678&&2678&&2'5$,1$*(0(6+(;7(5,25,17(5,252876,'()2678'0(7$/678':$//$66(0%/<$/80,180&/$':,1'2::-$0%(;7(16,213$57&(0(17,7,286678&&2678&&2'5$,1$*(0(6+6&$/( +($''(7$,/#$/80,1806725()5217:,1'2:'2256&$/( -$0%'(7$,/#$/80,1806725()5217:,1'2:'2256&$/( 6,//'(7$,/#$/80,1806725()5217:,1'2:6&$/( +($''(7$,/#$/80,180&/$':,1'2:6&$/( 6,//'(7$,/#$/80,180&/$':,1'2:6&$/( -$0%'(7$,/#$/80,180&/$':,1'2:6725()5217'(7$,/6$7/('*(6721(&/$'',1* 61 :,1'2:'(7$,/6$7/,0(6721(3$1(/ 61 :,1'2:'(7$,/6$7&(0(17,7,286678&&2 &6 &6 6&$/( +($''(7$,/#$/80,180&/$':,1'2:6&$/( -$0%'(7$,/#$/80,180&/$':,1'2:6&$/( 6,//'(7$,/#$/80,180&/$':,1'2:Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 39Packet Page 541 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024CANYON ST. GLAZINGA5.01LEVEL 01 GLAZING CALCULATIONS SITE REVIEW CRITERIA 9-2-14(h)(3)(B)(iii)LEVEL 01 GLAZING AREA 60% MIN. GLAZING AREA = 780.79 SFWALL AREA = 1,246.78 SF (780.79 SF / 1,246.78 SF) X (100) = 62.6% TRANSPARENCYLEVEL 04 (718 SF / 1,918 SF) x (100) = 37% TRANSPARENCYLEVEL 03 (814 SF / 1,565 SF) x (100) = 52% TRANSPARENCYLEVEL 02 (802 SF / 1,565 SF) x (100) = 52% TRANSPARENCYLEVEL 01 (780.79 SF / 1,246.78 SF) x (100) = 62.6% TRANSPARENCY= TRANSPARENCY INCLUDED IN CALCULATION= AREA OF OVERALL MEASUREMENTAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 40Packet Page 542 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024PEDESTRIAN EASEMENT MODIFICATIONA5.02CURRENT EASEMENT AREA = 1,182 SF PROPOSED ADDITIONAL AREA = 99.67 SF AREA OF PROPOSED COLUMN = (4.28 SF) PROPOSED PEDESTRIAN EASEMENT AREA = 1,277.39 SF 10th STREET PEDESTRIAN EASEMENT 83 SCALE: 1/16‰ = 1Ê-0‰Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 41Packet Page 543 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024 ))7777&++REQUESTED CIRCULATION DIAGRAMA5.03ST. JULIEN HOTEL ENTRY HOTEL CHECK-INPRIMARY ENTRY SECONDARY / SERVICE ENTRYEMERGENCY EXIT & BOH ACCESSEMERGENCY EXITACCESS TO/FROM PUBLIC GARAGEACCESS TO/FROM PUBLIC GARAGEVEHICLE ACCESS TO/FROM PUBLIC GARAGE BELOWPLAN LEGENDPEDESTRIAN ACCESSACCESSIBLE ROUTEEMERGENCY EXITPEDESTRIAN EASEMENTSERVICE/BOH EXISTING ST. JULIEN TRASH & LOADING SPACETRASH, RECYCLING, COMPOSTING STORAGE FOR NEW CIVIC USE SPACE. KITCHEN / BOH LEVELS 02-04 ROOM ACCESS VIA ELEVATORS OR STAIRSAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 42Packet Page 544 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024BUILDING HEIGHT MODIFICATIONA5.04HEIGHT MODIFICATION - PROXIMAL BUILDING HEIGHT1 Canyon Center 35Ê 3 STORIES 1881 9th Street2 1909 Walnut Street 30Ê 2 STORIES3 1900 9th Street 35Ê 3 STORIES4 Arcana 37Ê 3 STORIES 909 Walnut Street 5 921 Walnut Street 37Ê 3 STORIES6 949 Walnut Street 30Ê 2 STORIES7 959 Walnut Street 17Ê 1 STORY8 1011 Walnut Street 45Ê 4 STORIES9 1002 Walnut Street 36Ê 3 STORIES10 1050 Walnut Street 55Ê 5 STORIES11 The Arete 55Ê 4 STORIES 1077 Canyon Blvd. * A list of the height of each principal building located or known to be proposed or approved within one hundred feet of the proposed project.1359106711PROXIMAL BUILDINGSAPPROX. HEIGHTBUILDING STORIES1367891011425CANYON BLVD. 9TH STREET11TH STREETWALNUT STREET248SCALE: 1‰ = 20Ê100Ê FROM PROPERTY LINESt. Julien Hotel900 Walnut St. HEIGHT = 52.2Ê4 STORIESAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 43Packet Page 545 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024SHADOW STUDY A5.05HEIGHT MODIFICATION - SHADOW ANALYSIS67-8/,(1+27(/ &$1<21%/9':$/187675((7&$%&((('0(&+$1,&$/=21((/ (/ (/ (/ )3523(57</,1((/ 3523(57</,1(0(&+$1,&$/=21((/ 67-8/,(1+27(/ &$1<21%/9':$/187675((7(/ (/ $%&'(((/ ((/ ):$/187675((73523(57</,1(67-8/,(1+27(/ &$1<21%/9':$/187675((7&$%&'((((/ (/ (/ (/ (/ 0(&+$1,&$/=21()(/ (/ :$/187675((767-8/,(1+27(/ &$1<21%/9':$/187675((7:$/187675((7 +(,*+7%8,/',1* 3523(57</,1(67-8/,(1+27(/ &$1<21%/9':$/187675((7:$/187675((7 +(,*+7%8,/',1* 3523(57</,1(67-8/,(1+27(/ &$1<21%/9':$/187675((7:$/187675((7 +(,*+7%8,/',1* 6&$/( %/''(IJ&$/( %/'*'(&#$06&$/( %/'*'(IJ&$/( %/'*'(IJ&$/( %/'*'(IJ&$/( %/'*'(&#$0522)(/(0(17(/(9$7,212)522)(/(0(17 \ 67(3(/(9$7,212)*5$'($73523(57</,1( [ 67(367(367(35(/$7,9(+(,*+72)522)(/(0(17 K /(1*7+2)6+$'2: / $0 $0 $0 30 30 30$%&'( 1$ $ 7232)(1&/26('0(&+$1,&$/5220% 7232)0(&+$1,&$/6&5((1& 7232)(/(9$725(1&/2685(' 35,0$5<522)$66(0%/<( 522)29(5+$1*6) 522)29(5&211(&7,1*%5,'*(6+$'2:$1$/<6,6 %8,/',1*522)(/(0(17/(*(1') 1$ Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 44Packet Page 546 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024DESIGN ADVISORY BOARDA6.01DESIGN ADVISORY BOARD 12.13.2023KEY ISSUE #1: DOWNTOWN URBAN DESIGN GUIDELINES CRITERIA CHECKLIST 2.2.C. Maintain a human scale, rather than monolithic or monumental scale. 1. Avoid large featureless facade surfaces. Include architectural elements and patterns that divide the facade into familiar intervals. A single facade should not exceed a maximum of 75 linear feet. BOARD RECOMMENDATIONS: 2.2.C.1 There is a concern that the balconies were too large and could be softened, tied in more with the design structure of the St. Julien. The southwest corner was problematic in that it appeared unfinished and is maybe a little bit too busy and that it needs to be simplified - too many materials being used. DESIGN TEAM RESPONSE04.12.2024To reduce the overall massing at the primary corner of the building, hotel suite balconies on Levels 03-04 at the southwest corner of the building have been relocated to the west elevation. With this modification, the structure can significantly step backCURRENT DESIGN - JULY 2024DAB PRESENTATION - DECEMBER 2023CURRENT DESIGN - JULY 2024DAB PRESENTATION - DECEMBER 2023BALCONIES AT SOUTHWEST CORNER ALONG CANYON REMOVED ON LEVELS 03-04. NUMBER OF MATERIALS AT SOUTHWEST CORNER REDUCED - SPECIFICALLY AT LEVEL 01 TO CREATE ADDED TRANSPARENCY TO THE CIVIC USE SPACE. BALCONIES AT SOUTHWEST CORNER ALONG CANYON REMOVED TO REDUCE THE OVERALL MASSING AT THE SOUTHWEST CORNER OF THE BUILDING. AND PROVIDE MORE VISIBILITY TO THE CIVIC BUILDING ENTRY FROM CANYON.Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 45Packet Page 547 of 903 CIVIC USE BUILDING900 WALNUT STREET, BOULDER, CO 80302LAND USE REVIEWSITE REVIEW AMENDMENT23 AUGUST 2024DESIGN ADVISORY BOARDA6.02KEY ISSUE #2: SITE REVIEW CRITERIA CHECKLIST(h)(3)(a) Building Sitting and Public Realm Interface: (iv) Defined entries connect the building to the public realm, one defined entry is provided every 50 feet. Buildings designed for residential or industrial uses may have fewer defined entries. BOARD RECOMMENDATIONS: (h)(3)(a) Is there an outdoor use that could be tied to the arch of the entryway? Can there be more transparency associated with the entrance getting out onto Canyon? The public realm interface needs to exist at more of a human scale. DESIGN TEAM RESPONSE04.12.2024To create a more distinct entry point into the new Civic Use Space, the design has been modified to ensure that the entry is not blocked by the corner massing as discussed with the DAB. The overhead mass of the connecting bridge has been reduced in an effort to provide additional, more welcoming space between the original hotel and new addition. This better defined outdoor space will provide quality pre-function space for events in the new Civic Use Building. DESIGN ADVISORY BOARD 12.13.2023CURRENT DESIGN - JULY 2024DAB PRESENTATION - DECEMBER 202383$&&(667238%/,&*$5$*( 8335()81&7,21*8(67(/(9(/(9/2%%<67$,5$&&(667238%/,&3$5.,1**$5$*( 3('(675,$1 0$;&$17,/(9(5('522)$:1,1*$%29(+,*++$=$5'=21(/,1(2)&$123<$%92(DAB PRESENTATION - DECEMBER 2023CURRENT DESIGN - JULY 2024 00000000000000000000000000000000000$$$$$$$;$;$;;;;;;;;;;$;;$;;;;;$$;$;&&&&&&&&&&$&$&$&$$&&&&&&$&&17171717,/,/,,/,//,/,/,//,//////,/////////,//////////,//////,///,,,(((((((((((9(9(9(9(9(((((((((((((((((((((((((((((((((5(5(5(55(5(5(5(5(5(5(5555555555(55(555(5(55((((((((((5(((5((('('('''(((((''55555555255252252225525555525225252252222222)22))2)2222)22$$$$$$$$$$$$$:1:1:1:::::::1:1:1:1:1:::1:1:11:1:1:1:1111:11111111111111111::111:1:1:11:1:1:1:1::,,,,,1,,1,1,1,1,1,1,1,1,1,,1,1,1,1,1,,,,,,************************************$$$$$$$$$%$%$%$%$%$%$%$$$%$$$$$$$$$$$%$%$$$%$$%%$$%$%%%$%$%$%%$$2222222929229999222222229292222222222((((++++,++,+,++,,,******+*++++++*+++*+++++++++++++++++++++++++++++++$=$=$=$$$$$$=$==$$$=$$$$$$$=$$$$=$$$$$$$$$=$$=$============$5$5$5$5$5$5$5$5$555$5555$5$5$55$5$5$55$5$5$5$5$5$5$5$55$5$$5$$5$5$5$$$$$$5$55$$$$$5$5$55$$555'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=2===2=2=2=2==22=====2==2========21(1(((((((((111((1((((1((ARCHED STEEL ELEMENT OF PEDESTRIAN PATHWAY EXPERIENCE INTEGRATED INTO MASONRY WALL CONNECTING THE NEW ADDITION TO THE ORIGINAL HOTEL. CURVED CORNER OF BUILDING REDUCED TO PREVENT BLOCKING VIEW OF PRIMARY ENTRY INTO THE CIVIC USE SPACE. BALCONIES REMOVED AND ADDITIONAL GLAZING ADDED TO CORNER OF LEVELS 02-04 TO CREATE A VERTICAL ELEMENT SIGNIFYING ENTRY FROM THE PEDESTRIAN PERSPECTIVE. CURRENT DESIGN - JULY 2024DAB PRESENTATION - DECEMBER 2023ARCHITECTURAL FEATURES ALONG THE NORTH ELEVATION THROUGH THE EASEMENT HAVE BEEN MODIFIED TO ENHANCE AND ENCOURAGE USE OF THE PEDESTRIAN EASEMENT. THE METAL PANEL WALL CONNECTING THE PUBLIC PARKING GARAGE ENTRY AND THE EASEMENT FEATURES A BACK-LIT METAL PANEL INSTALLATION TO PROVIDE CHARACTER AND INTEREST IN THE PUBLIC EASEMENT. Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 46Packet Page 548 of 903 FIELD BOOK:PAGE: 1 HEIGHT LAYOUT 1957 USGS MAP XX N S EW NORTH0120 120 240 SCALE : 1" = 120' HISTORIC LOW POINT EXHIBIT SHEET NUMBER: SCALE: PROJECT NUMBER: DRAWN BY:DATE: DRAWING NAME: CHECKED BY: SHEET TITLE:REVDATEDRAWN BYDESCRIPTIONCopyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing and all the information contained herein is authorized for use only by the party for whom the services were contracted or to whom it is certified. This drawing may not be copied, reused, disclosed, distributed or relied upon for any other purpose without the express written consent of Colliers Engineering & Design. 23007063A - ST JULIEN (REV4) 06.14.24 7063A\Survey\Plan\23007063A - St Julien (rev4) 06.14.24.dwg\HGT Exhibit By: DOUG.ORTREVDATEDRAWN BYDESCRIPTIONREVIEWED BY: NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. CITY OF PITTSBURGHDEPARTMENT OF CITY PLANNINGAPPROVED: _______________________ CITY PLANNING COMMISSION _______________________ CHAIRMANATTEST: _______________________ _______________________SECRETARY Phone: Engineering & Design www.colliersengineering.com Engineering & Design COLLIERS ENGINEERING & DESIGN CT, P.C.DOING BUSINESS AS MASER CONSULTINGENGINEERS AND LAND SURVEYORS PA,A PROFESSIONAL CORPORATION PROTECT YOURSELF Know what's below Call before you dig. R ALL STATES REQUIRE NOTIFICATION OF EXCAVATORS, DESIGNERS, OR ANY PERSON PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN ANY STATE FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WWW.CALL811.COM HEIGHT LAYOUT 1957 USGS MAP 900 WALNUT STREET, BOULDER, CO 80239 SE 1/4, OF SECTION 25, AND THE SW 1/4, OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 71 WEST, OF THE 6th PRINCIPAL MERIDIAN CITY OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO 1"=120'06.14.24 LCB DHO 23007063A 1111.16.23LCB23007063A - St Julien MARKUP JVA.pdf (9.21.23)202.08.24LCBELEVATION ADJUSTMENT TO NAVD88304.11.24LCBUPDATED FEMA FLOOD INFORMATION405.15.24LCBTHRESHOLD ELEVATIONS........................of FOR PTH DENVER 365 Inverness Parkway Suite 100 Englewood, CO. 80112 877.627.3772 COLLIERS ENGINEERING & DESIGN, INC. VICINITY MAP SITE LOCATION LOCATION MAP SITE LOCATION Doug Ort Digitally signed by Doug Ort Date: 2024.07.01 13:20:30 -06'00' Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 47 Packet Page 549 of 903 FTGFFFFTGDBTEDDDBBBBDTDDD T DDDDDDETDDDDDDTCAAAAAAHH3'-11 9/16"ST JULIEN HOTELCANYON BOULEVARDLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 428 MAY 2024CIVIC USE BUILDINGCOVER900 Walnut St, Boulder, CO 80302NINTH STREET TENTH STREET WALNUT STREETCIVIC USE SPACE8'-0" PED EASEMENT 12'-6" EASEMENT 40'20'10'0'LANDSCAPE PLANEXISTING IRRIGATED TURFEXISTING PAVEMENTTO REMAIN/PROTECTEXI CONC UNIT PAVERSEX CONC BAND1. 30" MINIMUM DIAMETER WOOD MULCH RING IS REQUIRED AT ALL TREES LOCATED IN TURF OR GRASS SEED FOR MAINTENANCEPROTECTION FROM MOWER DAMAGE2. TREES IDENTIFIED TO REMAIN ARE TO BE PROTECTED PER CITY OF BOULDER STD DTLS 3.12 AND 3.04 (DTLS 2,3 L4.01) AND ALLREQUIREMENTS IDENTIFIED IN CHAPTER 3 OF THE CITY OF BOULDER'S DESIGN AND CONSTRUCTION STANDARDS. SHOULD CONSTRUCTIONACTIVITIES IMPAIR THE FUTURE GROWTH OF THE IDENTIFIED TREES, TREES SHALL BE REPLACED PER THE TREE REPLACEMENT SCHEDULE.TREE HEALTH SHOULD ME MONITORED BY A CERTIFIED ARBORIST THROUGHOUT THE DURATION OF THE CONSTRUCTION PROCESS.TREE PROTECTION NOTESL1.00EXISTING IRRIGATED TURFEXISTING IRRIGATED TURFEXISTING FH TOREMAIN/PROTECTEXISTING PEDESTRIAN SIGNALTO REMAIN/PROTECTEXISTING STREET LIGHTTO REMAIN/PROTECTEXISTING SIDEWALKTO REMAIN/PROTECTLIMIT OF WORKEXISTING STREET TREESAND TREE LAWN TOREMAIN/PROTECTLIMIT OF WORKLIMIT OF WORKPROPERTY LINETREE PROTECTION FENCERE DTL 3.12LIMIT OF WORKTREE PROTECTION FENCERE DTL 3.12TREE PROTECTION FENCERE DTL 3.12TREE PROTECTION FENCERE DTL 3.12TREE PROTECTION FENCERE DTL 3.12TREE PROTECTION FENCERE DTL 3.12LIMITS OF PARKING GARAGE BELOWLIMITS OF HIGHHAZARD ZONELIMITS OF HIGHHAZARD ZONEEXISTING LANDSCAPE TOREMAIN/PROTECTEXISTING LANDSCAPE TOREMAIN/PROTECTEXISTING STREET TREESAND TREE LAWN TOREMAIN/PROTECT11 EXIST. STREETTREES TYP.(8) EX STREETTREES TYP(5) EX STREET TREES(4) EX STREET TREES(1) EX TREE(6) EX PERENNIALPLANTER BOXES(2) EX PERENNIALPLANTERS5 EXIST PLANTER BOXES(25) EX SHRUBS TYP(11) EX SHRUBS TYP(7) EX SHRUBS TYP(1) EX TREEEX HEDGE TYP(4) EX SHRUB PLANTERSEX HEDGE TYP1 EXIST. SHRUB4 EXIST.PERENNIALPLANTERSEXIST. HEDGE TYP.(2) EX SHRUBPLANTERS(4) EX PERENNIALPLANTERSEX HEDGE TYP2 EX SHRUBS TYP1 EX SHRUBEX HEDGE TYPEX PERENNIAL PLANTING(1) EX SHRUB(1) EX TREE(15) EX SHRUBS TYP(1) EX TREE(8) EX SHRUBS(5) EX TREE PLANTERS(4) EX PERENNIALPLANTERSTOTAL LOT AREA SFBUILDING FOOTPRINT SFTOTAL LANDSCAPE AREA SFEXISTING PROPOSED TOTALREQUIREDREQUIREDTREESS+RUBS LANDSCAPE SITE DATALAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 317 JUNE 2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 48Packet Page 550 of 903 DDDDDT3'-11 9/16"(13) MC(24) KFOR(1) SH(1) SH(1) ACEG(16) SH(13) MC(13) MC(17) BLSW(10) MU(10) MUCODEQTYCOMMON NAMEBOTANICAL NAMESIZE NOTESORNAMENTAL TREESACEG 1FLAME AMUR MAPLEACER GINNALA `FLAME`10`MULTI STEMEVERGREEN SHRUBSMC39COMPACT OREGON GRAPEMAHONIA AQUIFOLIUM 'COMPACTA'1 GAL CONTGRASSESBLSW 17 BLUE SWITCH GRASSPANICUM VIRGATUM `HEAVY METAL`5 GAL CONTKFOR24FEATHER REED GRASS ``KARL FORESTER``CALAMAGROSTIS ACUTIFLORA `KARL FORESTER` 5 GAL CONTMU 20 UNDAUNTED® RUBY MUHLYMUHLENBERGIA REVERCHONII 'PUND01S'1 GAL CONTSH18PRAIRIE DROPSEEDSPOROBOLUS HETEROLEPIS1 GALCONTCANYON BOULEVARDLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 428 MAY 2024CIVIC USE BUILDINGCOVER900 Walnut St, Boulder, CO 80302EXISTING FH TOREMAIN/PROTECTEXISTING PEDESTRIAN SIGNALTO REMAIN/PROTECTEXISTING STREET LIGHTTO REMAIN/PROTECT10TH STREETTREE ID COMMON NAMEBOTANICAL NAME DBH CONDITIONT1AUTUMN BLAZE MAPLEACER X FREEMANI 10.0 GOODT2AUTUMN BLAZE MAPLEACER X FREEMANI12.5GOODT3AUTUMN BLAZE MAPLEACER X FREEMANI 10.0 GOODT4AUTUMN BLAZE MAPLEACER X FREEMANI12.5GOODT5 AUTUMN BLAZE MAPLEACER X FREEMANI 10.0 GOODT2- EXISTINGTO REMAINT3 - EXISTINGTO REMAINT4 - EXISTINGTO REMAINT5 - EXISTING TO REMAIN20'10'5'0'LANDSCAPE PLAN ENLARGEMENTEXISTING TREE SURVEYEXISTING SIDEWALK TOREMAIN/PROTECTEXISTING IRRIGATED TURFEXISTING PAVEMENTTO REMAIN/PROTECTEXISTING CONC UNIT PAVERSEXISTING CONC BAND1. THE CONTRACTOR SHALL REFER TO THE CONTRACT SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS.2. PLANT QUANTITIES ARE PROVIDED FOR CONTRACTOR'S CONVENIENCE ONLY AND SHALL BE VERIFIED BY CONTRACTOR BY REVIEWINGPLANTING PLAN SYMBOLS AND PLANT SPACING. GRAPHIC QUANTITIES SHALL TAKE PRECEDENCE OVER WRITTEN QUANTITIES.3. ALL PLANT MATERIAL SHALL MEET OR EXCEED CURRENT AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1 AND THE COLORADONURSERY ACT AND ACCOMPANYING RULES AND REGULATIONS.4. ALL PLANT MATERIAL SHALL BE SELECTED AT THE NURSERIES BY THE PROJECT LANDSCAPE ARCHITECT. PLANT MATERIAL IS SUBJECTTO REVIEW AND APPROVAL BY LANDSCAPE ARCHITECT BEFORE INSTALLATION.5. FIELD STAKE ALL TREE AND SHRUB LOCATIONS BASED UPON THESE PLANS. OBTAIN LANDSCAPE ARCHITECT'S APPROVAL OF STAKEDLOCATIONS PRIOR TO PLANTING.6. PROVIDE MATCHING SIZES AND FORMS FOR EACH TREE TO BE INSTALLED.7. PLANT MATERIAL TO BE HEALTHY SPECIMENS, FREE FROM DISEASE OR DAMAGE.8. ALL ROOT WRAPPING MADE OF SYNTHETIC OR PLASTIC MATERIAL SHALL BE REMOVED AT TIME OF PLANTING.9. ALL PLANT AND STAKES SHALL BE SET PLUMB UNLESS OTHERWISE NOTED.10. ALL DECIDUOUS TREES SHALL BE WRAPPED. REFER TO SPECIFICATIONS FOR WRAP TYPE AND TIMING.11. ALL SHRUB AREAS ARE TO BE PREPARED AS CONTINUOUS BEDS.12. PERFORM PERCOLATION TEST ON ALL TREE HOLES AND PLANTING BEDS PRIOR TO PLANTING. INFORM LANDSCAPE ARCHITECT OFRESULTS. REFER TO CONTRACT SPECIFICATIONS FOR FURTHER INFORMATION.13. CONTRACTOR SHALL BE RESPONSIBLE TO MAINTAIN ALL PLANT MATERIALS INCLUDING SOD/SEED AREAS IN A HEALTHY STATE DURINGCONSTRUCTION. ANY DAMAGE TO PLANT MATERIAL DUE TO NEGLECT BY THE CONTRACTOR SHALL BE REPAIRED OR REPLACED AT THECONTRACTOR'S EXPENSE.14. PROJECT INCLUDES EXTENSIVE IRRIGATION AND UTILITY SYSTEMS, MANY OF WHICH ARE CLOSE TO THE FINISHED SURFACE. VERIFYLOCATION AND DEPTH OF ALL UTILITIES PRIOR TO PLANTING. ANY CONFLICTS SHALL BE RESOLVED IN THE FIELD BY THE LANDSCAPEARCHITECT.15. PLANT AND EDGING LAYOUT SHALL TAKE PRECEDENCE OVER IRRIGATION EQUIPMENT LOCATIONS. INSTALLED VALVE BOXES WHICHCONFLICT WITH ACCEPTED PLANT AND EDGING LAYOUT SHALL BE MOVED TO A LOCATION BETWEEN PLANTS AS DIRECTED BYLANDSCAPE ARCHITECT AT NO ADDITIONAL COST TO OWNER.16. REFER TO LAYOUT DRAWINGS FOR STEEL EDGER LAYOUT. STAKE AND REVIEW LAYOUT WITH LANDSCAPE ARCHITECT PRIOR TOINSTALLATION.17. RE FER TO THE CITY OF BOULDER DESIGN AND CONSTRUCTION STREETSCAPING STANDARDS18. REFER TO CIVIL DRAWINGS FOR GRADING AND UTILITY INFORMATION.1. MAXIMUM SLOPE 3:1, MINIMUM SLOPE 2% IN LANDSCAPE AREAS UNLESS OTHERWISE NOTED.2. FINAL GRADING TO BE FIELD REVIEWED AND APPROVED BY LANDSCAPE ARCHITECT PRIOR TO SEEDING OR PLANTING.3. PROVIDE SMOOTH, CONTINUOUS TRANSITIONS BETWEEN SLOPES UNLESS OTHERWISE NOTED OR INDICATED IN THE DRAWINGS.4. PROVIDE 2% CROSS SLOPE ON ALL CONCRETE WALKS UNLESS OTHERWISE NOTED.5. ALL FINISHED GRADES ARE TO MEET AND BLEND SMOOTHLY WITH EXISTING GRADES AT THE PROJECT LIMIT OF WORK.MATERIAL KEYNOTES1.05.03AVING1.1CIP CONCRETE PVMT W/ INTEGRAL COLOR1.2CONC UNIT PAVERS - TO MATCH EXISTING3LANTING5.1 TURFT1- EXISTINGTO REMAINLIMIT OF WORKPLANTING NOTESGRADING NOTESL1.01ST JULIEN HOTELCIVIC USE SPACECONC BAND TOMATCH EXIST1.11.2EXISTING STEPS TOREMAIN/PROTECTSTL PLANTER. 30" HTSTL PLANTER. 30" HTSTL PLANTER. 30" HTPLANT SCHEDULEEXISTING IRRIGATED TURF12'-6" EASEMENT LIMITS OF PARKING GARAGE BELOWEXISTING TURF TOREMAIN/PROTECT1356 IRRIGATED BLUEGRASSTURF TO REAPLCE EXISTINGLIMITS OF HIGHHAZARD ZONELIMITS OF HIGHHAZARD ZONEIRRIGATION NOTE1.THE APPLICANT IS REQUIRED TO MAINTAIN ACTIVE IRRIGATION TO ALL RIGHT OF WAY PUBLIC TREES DURING THE GROWING SEASONS ASTHEY CORRESPOND WITH CONSTRUCTION ACTIVITIES IN ACCORDANCE WITH LAND USE CODE 9-9-13(G), B.R.C. 1981. IF IRRIGATIONACTIVITIES OR THE INTERRUPTION OF IRRIGATION OR WATERING OF EXISTING TREES DAMAGE EXISTING RIGHT OF WAY TREES IN ANYWAY, THE APPLICANT MAY BE RESPONSIBLE TO PAY TREE MITIGATION FEES COMMENSURATE WITH THE VALUE OF THE RIGHT OF WAYTREE IN ACCORDANCE WITH LAND USE CODE 6-6-7, B.R.C 1981 MITIGATION OF TREES OR PLANTS REMOVED OR DESTROYED.BUILT IN PLANTER. RE ARCHBUILT IN PLANTERRE ARCH8'-0" PED EASEMENTBIKE RACK(2 SPACES)BIKE RACK(2 SPACES)BIKE RACK(2 SPACES)FREESTANDING PLANTERLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 317 JUNE 2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 49Packet Page 551 of 903 0.40.80.5 0.30.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.00.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.7 0.9 0.7 0.8 0.9 0.5 0.2 0.2 0.3 0.10.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.1 0.9 1.8 2.1 1.8 1.8 1.9 1.6 0.4 0.51.40.20.1 0.11.3 1.31.13.7 4.2 3.11.03.50.00.00.00.63.00.0 0.00.5 0.51.0 0.73.2 1.93.7 2.14.53.7 3.1Calculation SummaryLabelCalcTypeUnitsAvg MaxMinAvg/Min Max/MinBacksideIlluminanceFc0.32 1.60.0N.A.N.A.FrontIlluminanceFc0.31 3.50.0N.A.N.A.Ped WalkwayIlluminanceFc2.394.50.54.789.00EXISTING BUILDINGX02X02X02X02X03X03X09X09X09X09 X09X03Proposed Civic Use Building exterior lighting light levels to align with adjacent and original site review/Land Use Review approved in 2000. Reference Site Review #SI-1999-12 and Use Review #ur-1999-15 Proposed Civic Use Building exterior lighting light levels to align with adjacent and original site review/Land Use Review approved in 2000. Reference Site Review #SI-1999-12 and Use Review #ur-1999-15 X04X06X06X06X06X06 X06X06X02X06X06X06X03X10X10X08X04X07X07X07X11X11X03X03X03X03X03X01X01X01X01X01X01X01X01X01X01X01X01X08X03X03X03X05X08 MOUNTED AT 11'-4" A.F.F. FFCIVIC USE BUILDING900 Walnut St, Boulder, CO 803021319 Spruce StreetBoulder, CO 80302303.444.1951www.jvajva.comJVA, Inc.Boulder ● Fort Collins ● Winter ParkGlenwood Springs ● DenverLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 417 JUNE 2024Grading PlanC1.006/13/2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 54Packet Page 556 of 903 FFCIVIC USE BUILDING900 Walnut St, Boulder, CO 803021319 Spruce StreetBoulder, CO 80302303.444.1951www.jvajva.comJVA, Inc.Boulder ● Fort Collins ● Winter ParkGlenwood Springs ● DenverLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 417 JUNE 2024UTILITY PLANC2.006/13/2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 55Packet Page 557 of 903 FS15°11'00"E 380.36'FCIVIC USE BUILDING900 Walnut St, Boulder, CO 803021319 Spruce StreetBoulder, CO 80302303.444.1951www.jvajva.comJVA, Inc.Boulder ● Fort Collins ● Winter ParkGlenwood Springs ● DenverLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 417 JUNE 2024Site PlanC3.006/13/2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 56Packet Page 558 of 903 FFCIVIC USE BUILDING900 Walnut St, Boulder, CO 803021319 Spruce StreetBoulder, CO 80302303.444.1951www.jvajva.comJVA, Inc.Boulder ● Fort Collins ● Winter ParkGlenwood Springs ● DenverLAND USE REVIEWSITE REVIEW AMENDMENTREVISION NO. 417 JUNE 2024FLOODPLAIN EXHIBITEXH-106/13/2024Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 57Packet Page 559 of 903 CIVIC USE BUILDING 900 Walnut Street Boulder, CO 80302 Land Use Review LUR: #LUR2023-00046 CONTENTS Page 2 Written Statement Page 8 Appendix A · Valuation · Assessment Report Page 11 Appendix B · Civic Pad Feasibility Study – November 26, 2013 Page 40 Appendix C · Management and Operating Agreement Between the City of Boulder, Central Area General Improvement District, and St. Julien Partners LLC Concerning the Civic Use Pad Facility – November 18, 2019 Page 97 Appendix D · Square Footage Analysis Page 98 Appendix E · Historic Datum – May 3, 1999 Page 100 Appendix F · 1095 Canyon Boulevard DDAB Submittal – August 2, 2006 · Planning Board Review & Response Page 206 Appendix G · Public Support Narratives o Daily Camera, May 18, 2024 Community Editorial Board: Considering Civic Use o Boulder Weekly, May 20, 2024 Millionaires for vacant concrete pads, by Brian Keegan o Daily Camera, September 15, 2024 Boulder Urban Renewal Authority votes to advance St. Julien Expansion Page 211 Appendix H · Community Benefit Analysis Page 213 Appendix I · Alley Management Plan Page 214 Appendix J · Boulder Urban Renewal Plan (BURA), Downtown Urban Design Guidelines (DUDG), and Site Review Criteria Check-Lists Page 218 Page 215 Page 217 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 58 Packet Page 560 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 2 LUR: #LUR2023-00046 OVERVIEW, PROJECT HISTORY An urban renewal plan (URP) was adopted for properties at 9th and Canyon in September 1988. This 1988 URP included the parcels owned by St Julien Partners LLC (purchased 1994), CAGID, 10th Street, and a portion of 9th Street. A revised URP was adopted by City Council in July 1995, which among other things, inserted a requirement for inclusion of a 'civic use' in this urban renewal zone. In February of 2000, the Planning Board approved Phase 1 of the multi-phase project at 9th and Canyon. Phase 1 consisted of a 200 Room Hotel – The St. Julien Hotel (St. Julien Partners Properties), and a CAGID Parking Garage (Central Area General Improvement District). A Site Review Amendment for Phase 2 was a condition of approval for Phase 1 and included plans for a 55’-0” tall Civic Use Building. The Civic Use Building was to be developed by a Civic User in coordination with St. Julien Partners LLC, the City and CAGID. The phased site review application approved by the Planning Board on February 17, 2000 was the third step in a three-step Major Site Review Application. The project included the St. Julien Partners LLC (vacant northeast comer of Canyon and 9th and the site immediately to the east, formerly the Chamber of Commerce building), the CAGID (Central Area General Improvement District) parking lot at the southeast corner of 9th and Walnut Streets, and a conceptual 55’-0” tall Civic Use Building to the east of the St. Julien property. APPROVED SITE REVIEW (#SI- 1999-12), USE REVIEW (#UR-1999-15) HOTEL: - 149,950 square feet - 201 rooms - 55’-0” tall building - 8,600 square feet of conference center - Walnut Street drop off area PARKING GARAGE: - 656 total parking spaces: 556 CAGID spaces, 100 hotel spaces - 10th Street parking garage entry - 10th Street Corridor: • Separation of service functions, vehicles and pedestrians • Decorative paving • Pedestrian scale lighting • Connections to new Walnut Street and Canyon Boulevard pedestrian crossings CIVIC USE BUILDING ENVELOPE: - 11,700 square feet building footprint. - Approximately 38,000 total building square feet - Canyon Boulevard school bus pull-out for Collage Children’s Museum Phase 2: APPROVED SITE REVIEW AMENDMENT: LUR: #LUR2001-00017 - Construct a 55’ tall, 38,068sf civic use building, Phase 2 – 9TH & Canyon Site Review. - Requested variations to the land use regulations: • Height Modification to 55 feet for Civic Use Building, 35 feet is the by-right height limit • 33 feet accessory structure where 18 feet is the by-right height limit • Modification to the loading area requirements for the RB1-X zoning district. • Note: Code variation for a 63-foot major street setback from the Canyon Boulevard centerline where 78 feet is required was approved as part of Phase1. - Project has Vested Rights with Section 9-4-12, Boulder Revised Code (B.R.C.) 1981. Since the originally approved Site Review Amendment in 2001, the City of Boulder has created several Task Force Initiatives to accommodate a Civic Use that would be self-sustaining and has had an Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 59 Packet Page 561 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 3 LUR: #LUR2023-00046 opportunity to review several design concepts for the proposed Civic Building. Each Task Force included at least one member of City Council. In 2013, the City of Boulder, via the Downtown Management Commission, engaged 4240 Architecture, the initial designers behind the hotel and garage, to perform a feasibility study focused on meeting space with hotel uses above. Attached as Appendix B In January 2014, with the 2013 feasibility study as the basis, the Civic Use Task Force IV (CUTF IV) recommended to the City Council a new vision for the civic use at the pad adjacent to the St. Julien Hotel and in partnership with the hotel. After exhaustive efforts by the current and prior Task Force Committees, it was determined that a Civic Structure limited to 38,068sf was not viable and instead proposed a 65,400sf, 4-Story - 55’ high Building with event space, roof deck and sky bridge. Shortly after, a partnership was created with the City, CAGID and St. Julien Partners LLC. Letter of Intent, July 2015 Partnership Agreement with St. Julien Partners LLC, CAGID (Central Area General Improvement District) and the City of Boulder for the development of the civic use pad. - The Project was developed in a manner that is generally consistent with the Boulder Urban Renewal: Ninth & Canyon - 1995 revised plan (the “Urban Renewal Plan”). - The Urban Renewal Plan envisioned a development to be built on property owned by CAGID at Ninth Ave and Walnut Street generally located in the northern portions of Block 45, of the West Boulder plat and property owned by St. Julien that is generally located on the southern portions of Blocks 44 and 45 of the West Boulder plats. The two properties were combined in a condominium association and a hotel was constructed that fronts on Walnut Ave and parking constructed below grade under both properties. - The 1995 Urban renewal plan anticipated that a minimum of 20% of the gross floor area developed in the project area would be civic uses. The civic use component envisioned under the Urban Renewal Plan has not been constructed yet. There have been numerous task force committees formed over the years with both citizen volunteers and city representatives to address the implementation of the civic use portion with the conclusion that the civic use component as envisioned by the Urban Renewal Plan is not commercially and/or financially feasible as defined. The Civic Use Task Force IV (“CUTF IV”) made the recommendation to the City Council (and such recommendation was accepted) to modify the concept to allow for civic uses in conjunction with commercial use. In November 2019, using the 2013 feasibility study as the basis, the MANAGEMENT AND OPERATING AGREEMENT BETWEEN THE CITY OF BOULDER, CENTRAL AREA GENERAL IMPROVEMENT DISTRICT, AND ST JULIEN PROPERTIES LLC CONCERNING THE CIVIC USE PAD FACILITY was executed by all parties. Attached as Appendix C SITE AMENDMENT REVIEW, LAND USE PRE-APPLICATION REVIEW: PAR2022-00014 - Proposed project includes approximately 60,000 sf with a First Floor Event Space and Three Floors of Extended Stay Guest Rooms connected to St. Julien Hotel over the 10th St. pedestrian easement. - Temporary Egress Stair is not allowed to encroach into the Pedestrian Easement. - Boulder Revised Code (Section 8-6-3) does not allow private encroachments into public easements; 4240 to submit a request for vacation, modification of the easement to accommodate the structural column and provide 8’-0” min clear path. - New floor area of the proposed Civic Structure must not exceed 50% of floor area for the existing St. Julien structure. - If the cost to construct the proposed Civic Structure exceeds 50% of the existing structure value, the ‘ENTIRE’ structure (including the existing St Julien structure) will need to be floodproofed to two feet above the current regulatory base flood elevation. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 60 Packet Page 562 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 4 LUR: #LUR2023-00046 LAND USE REVIEW: LUR2023-00046 25 September 2023 In an effort to accommodate existing conditions, as well as the efforts of the Civic Use Task Force IV, the building is now approximately 57,000sf. Refer to Appendix D for square footage comparison(s) of the previously proposed 55’-0” tall Children’s Museum and the current Proposed Site Amendment. - The building contains a First Floor Event Space with Pre-Function, Prep Kitchen and support facilities with Three Floors of Extended Stay Guest Rooms connected to the St. Julien Hotel over the 10th Street Pedestrian Easement. There will be approximately 39 Guest Suites. - Cost to construct the proposed Civic Structure will not exceed 50% of the Existing Structure(s) Value. Refer to Appendix A. - The footprint for the proposed Civic Structure is approximately 15,000 < 50% of 46,998sf Elements of Plans to Be Vested: The proposed Civic Use Building is located over an existing underground parking garage on the southeast corner of the property and is approximately 57,000sf with four-stories and a maximum building height of 55’-0”. The building is to have a Civic Use shared Event Space on Level One, with Three-floors of Hotel Suites above and attached to the existing St. Julien Hotel via bridge connection at Levels Two thru Four. SITE CONTEXT At the time of the original Site Review Application, the northeast corner of 9th and Canyon was the largest vacant piece of land in downtown Boulder. The project site was to serve as a gateway to downtown and a critical connection between the city’s civic center (the Main Library and Municipal Building are across Canyon), Boulder Creek and the Downtown Business District. Today, the Walnut Street side of the site has a mix of restaurants, shops, and offices. Along the alley and to both the east along Canyon, the site is bordered by tall office buildings, with restaurant and retail located at the first level. The property directly adjacent to the site on the east is a mix of retail, office space on the main floor and condominiums above. To the southwest, significant views of the Flatirons are visible from the site. BOULDER CREEK FLOODPLAIN Much of the project site is located in the Boulder Creek 100-year floodplain. Southern portions of the site are also located in the conveyance and high hazard zones. Flood restrictions have helped to shape the site design and general building layout. A key element of the original project was the relocation of the conveyance zone boundary to the south to allow full use of the civic use building site. In addition, floodplain restrictions have required that non-residential buildings (including the parking garage) be floodproofed without human intervention and hotel rooms be elevated above flood protection elevations. The new addition will be dry-floodproofed to or above the flood protection elevation of 5361.54’ which was determined by the base flood elevation located at the northwest corner of the overall site. Structural components are designed and constructed to withstand hydrostatic and hydrodynamic loads, and the effects of buoyancy. Additionally, the new addition will comply with the requirements of ASCE 24, Flood Resistant Design and Construction, FEMA Publication 936, Floodproofing Non-Residential Buildings (2013), NFIP Technical Bulletin 3, Requirements for the Design and Certification of Dry Floodproofed Non-Residential and Mixed-Use Buildings (2021), and the Boulder Revised Code. DOWNTOWN URBAN DESIGN GUIDELINES (DUDG) The proposed Civic Use Building is located within the Non-Historic Area. The objectives for this area as it relates to our building site is to reinforce the character of Downtown as a pedestrian place, strengthen the identity of downtown as a place where people feel comfortable through careful selection of building materials and human-scale design and a place that compliments pedestrian activity. Refer to Appendix J, DUDG Check-list for how our project complies with the DUDG Guidelines. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 61 Packet Page 563 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 5 LUR: #LUR2023-00046 BOULDER URBAN RENEWAL PLAN – 1995 (BURA) As stated previously, an urban renewal plan (URP) was adopted for properties at 9th and Canyon which includes the St. Julien Partners properties, the CAGID site, and the 10th Street “corridor,” including a vacated portion near Canyon. BURA provided their approval and recommendation of our Application to the Planning Board on September 06, 2024. Refer to Appendix J, BURA Check-list for how our project complies with BURA Guidelines. SITE REVIEW CRITERIA BOULDER VALLEY COMPREHENSIVE PLAN (BVCP) The proposed project is located within BVCP Planning Area I and is consistent with the goals outlined in BVCP – Built Environment. ELEMENTS THAT DEFINE BOULDER’S CITY STRUCTURE, URBAN EDGE The site for the proposed addition will infill an existing under-utilized surface parking area. The four-story structure (five stories includes a mechanical mezzanine) would align with the adjacent buildings on either side to provide a consistent boundary between the urban edge of downtown and the open space along the south side of Canyon Boulevard. The continuation of the pedestrian easement through the entirety of the site provides a natural transition linking downtown, Canyon Boulevard and the Boulder Civic Area. With the existing parking located below the structure, the adjacent open space, landscaped gardens, and pedestrian walkways contribute to the uninterrupted pedestrian experience and continued mobility of the site. REDUCING GREENHOUSE GAS EMISSIONS, ENVIRONMENTAL PRESERVATION The structure has been designed utilizing energy modeling that will likely surpass minimum performance requirements outlined in the City of Boulder 2020 Energy Code (COBECC). The Energy Use Index (EUI) will be less than the targeted 10% outlined in the COBECC Performance Code. As the building addition will rest entirely on top of an existing below grade parking garage, little excavation of the site will be required and existing utilities have been deemed sufficient to accommodate the new structure. In addition to preserving the natural surroundings, plantings are being provided to soften the built architecture and better integrate within the public realm. SITE DESIGN ACCESS, TRANSPORTATION AND MOBILITY The proposed building addition provides public access from the north 'downtown' side of the site through to the south 'Civic Center' side. Access to the building is available by pedestrians along 9th and 10th Streets, Walnut or Canyon. All vehicular circulation and parking areas are existing and below grade. The entrance to the parking garage is located to limit exposure to the 10th Street Alley Pedestrian Connection. The remaining site has been landscaped with lush gardens, pathways, hardscapes and multiple areas for sitting, viewing and contemplation. As a condition of the original Site Review for the hotel, St. Julien provided a Pedestrian Easement to serve as the gateway into downtown and connect downtown to the City’s Civic Center, refer to R1.01. The existing underground parking garage provides parking for both bikes as well as automobiles and sits directly below the building site. The Civic Building’s Entry is oriented to be adjacent to the elevator from the public parking garage as well as to pedestrians along the 10th Street Corridor. The Parking Garage has 656 parking spaces in total; 100 spaces are dedicated for the sole use of the existing hotel while the Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 62 Packet Page 564 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 6 LUR: #LUR2023-00046 remaining 556 spaces are allocated for public parking. As this project is located with CAGID, there are no additional parking requirements for the Civic Use Building. Currently, there are 23 spaces for bicycles located both at grade near the pedestrian easement and in the ROW sidewalk at grade. To comply with COB’s current bike parking requirements, new long-term bike parking and short-term bike parking stalls will be added to Level P1 for public use. Additionally, an existing bike rack adjacent to the pedestrian easement will be removed and replaced with new racks that better integrate with the overall design of the pedestrian pathway. OPEN SPACE AND LANDSCAPE The Useable Open Space for this property is located along the southern and southwesterly areas of the site. This area provides spectacular views of the Flatirons Mountains as well as a blend of open, semi open and private areas offering flexibility in its use. The articulations within the varying landscapes, hardscapes and formal-scapes creates areas intended for contemplation, meandering paths, dining and events. The Open Space directly adjacent to the Civic Use building affords the option for exhibits, outdoor gatherings and structured events. The entrance court at the Civic building opens onto an elevated terrace with seating and lush landscapes below. The existing landscape plan for the property shows a variety of plant and hard surface materials which accent streetscapes and compliment the adjacent buildings. Site features include the Walnut Street entry court, approximately 35,000 sf of publicly accessible open space on the south side of the property, and the 10th street pedestrian corridor. The Civic Use Building is located entirely over the existing CAGID Garage, which sits above grade to provide flood protection at proposed openings for the building. As the existing garage expands to the extent of the property line(s), there are few opportunities to provide landscape along the 10th Street Pedestrian Corridor and alley. To soften the urban landscape along the west and north sides, we have provided integrated planters along the corridor and balcony perimeters at Levels Two thru Four. A green roof has also been added above the Entrance Canopy that connects the existing St. Julien Hotel with the adjacent Civic Use Building. BUILDING DESIGN NEW BUILDING ADDITION The proposed scope of work is considered an addition to the original St. Julien hotel and parking garage structure due to site limitations that hinder the required separation of building structure and utilities. For example, to separate electrical services from the original St. Julien hotel, a new transformer will be required on site, but Xcel Energy does not permit locating a transformer above an existing structure. Therefore, the new addition will tie into the existing hotel’s utilities, services, and physically connect via a skybridge on Levels 02-04. Per the City of Boulder’s Municipal Code definition, Substantial Improvement requirements apply to any addition to a structure that costs equal or exceeds 50% of the market value of the existing structure. Utilizing the Valuation information included in Appendix A, it was determined that Substantial Improvement requirements do not apply to this project. Cost of existing structure = $100,187,632 50% of $100,187,632 = $50,093,816 Estimated cost of new addition = $39,000,000 < $50,093,816 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 63 Packet Page 565 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 7 LUR: #LUR2023-00046 BUILDING SITING AND PUBLIC REALM The Civic Use Building is oriented towards the south with views of the City’s Civic Center, Park and Flatirons. The existing landscaped gardens, trees and adjacent publicly accessible open space is to remain and serve both the hotel and Civic Building. By drawing pedestrians thru the entry court of the Civic Use Building and down towards the park, the pedestrian walkway will connect downtown and the Civic Center. The pedestrian walkway and entry court features a warm, subtle glow with layers of transparency at transitional areas and decorative paving. Refer to A3.03, L1.00 and LP200. FORM, MASSING, DESIGN AND MATERIALS The Civic Use Building is a modest addition to the St. Julien Hotel at approximately 57,000sf with 14,000sf at the ground level space featuring 9,070sf of pre-function and meeting space plus 5,000sf of support space including a kitchen, restrooms, and storage. The (39) new guestrooms at levels two, three, and four are intended to be extended-stay suites which are suited for business and family travelers staying for more than a couple of days, but less than a month at a given time. Extended-Stay Suites are slightly larger than the typical Guest Rooms and include a larger refrigerator, two-burner cooktop, washer/dryer appliances and other conveniences. The proposed building height, mass, scale, orientation, and configuration are compatible with the existing character of the area and the 55’ building height aligns with the neighboring adjacent buildings. The building massing is intended to complement the adjacent materiality of both the Hotel and the neighboring structure, while expressing its own identity – refer to A2.04. In finding balance with the civic program on the main level and hotel above, the building has naturally evolved into a form with a solid, heavy base, a rhythmic middle and a lighter top. Paying homage to the neighboring Flatirons, we propose using red sandstone to form the base – a material used in institutions across Boulder – dimensional limestone and metal inter-locking panels; refer to A2.01, A2.02 and A2.03. Each guest suite features their own balcony which will provide relief within the perimeter planes and add depth to the elevations on the north and south sides of the building. One of the design challenges for this project was to accommodate the existing structure within the parking garage without the need to reinforce or modify the structure and existing flood protection while also providing a clear span for the Banquet and Conference Facilities. To provide shoring, transfer beams, columns or new footings would have had significant impact on the parking garage and disrupt the buildings continuous waterproof membrane. The new addition will utilize concrete structural columns located directly above existing columns and post-tensioned concrete slabs to minimize the floor thickness and weight of the structure. Without the ability to reinforce columns within the garage, the building form has less flexibility to step in plane or vary in height. Resting the post-tension slabs on the perimeter column line will provide continuity and strength to avoid over loading the interior columns. Note that building levels will align with the floor heights of the adjacent hotel and that the building has been inset along the east property line above Level One to provide increased daylight to the adjacent structure. In alignment with Site Criteria Form and Massing Guidelines, as well as comments made from the Design Advisory Board, several efforts have been incorporated to minimize the monumental scale of the building along Canyon Blvd. As outlined in the Downtown Urban Design Guidelines, building facades that extend more than 120' have been separated to appear as at least two distinct buildings and we have aligned our façade with the adjacent rhythm of the two buildings on either side. This is further emphasized by the reconfiguration of the southwest corner of the building to minimize scale while providing better articulation and visibility of the main entrance from Canyon. All entrances along the public realm are emphasized with large storefront openings with glazed transoms, lighting and shade canopies. The use of full dimension stone, stepped back and articulated secondary exits, parapet wall caps and cornices, pilaster and column detailing, and window details add depth and richness along the public realm. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 64 Packet Page 566 of 903 CIVIC USE BUILDING STATEMENT 30 September 2024 Page 8 LUR: #LUR2023-00046 In an effort to establish a human scale along the 10th Street elevation, we have detailed the balconies and projections similarly to the Canyon Elevation. We have provided more transparency along the Pedestrian Walkway into the Civic Building, while enhancing the pedestrian experience at the northeast corner with back-lit perforated panels, way-finding, subtle lighting, planters, and bike parking. Refer to A3.02 and A3.03. Emphasis has also been placed on the Entrance and Egress to the Public Parking Garage. BUILDING HEIGHT The expired Approved Site Review Amendment (#LUR2001-00017) for this property had allowed for a 55’-0” high building. A 55’-0” high, four-story building was also further articulated within the referenced Operating Agreement signed in 2019 to ensure a viable project in coordination with the City of Boulder, CAGID and St. Julien Partners LLC. In compliance with Community Benefit requirements outlined in Section 9-2-14(h)(6) (C), B.R.C. 1981, the proposed project provides value to all parties by establishing a self-sustaining area for Civic Use with furnished flexible meeting spaces including meeting/conference spaces that can create a large meeting/gathering venue to accommodate use for meetings, fund-raising events, celebrations, exhibits, art exhibits and performances. As outlined in the Operating Agreement, the Civic Use Space is intended for Boulder Civic Groups, Boulder County Not-For-Profit Entities and St. Julien Hotel Groups and Guests in a mutual partnership. PROJECT SCHEDULE The anticipated Schedule has Construction Documents being submitted in the third quarter of 2025, with Construction completed in the fourth quarter of 2025. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 65 Packet Page 567 of 903 CIVIC USE BUILDING APPENDIX A 15 APRIL 2023 VALUATION Note: The Boulder County Assessor combined the values of St. Julien Hotel and St. Julien Garage in 2018 whereby previously the components had individual assessments. The Assessor assigns a zero value to the CAGID garage, not being a taxable property. Following the logic below, using the 2017 St. Julien garage value applied on a percent basis to the CAGID garage at the 2017 to 2023 inflation factor, the combined gross property has a value of approximately $113 million. The combined gross structural value is approximately $100 million. Structure Only Gross Value St. Julien Hotel & Garage (04/11/2024 BC Assessor) $73,886,900 $87,100,000 St. Julien Garage Improvements Only, assuming land is not a factor for the CAGID garage (2016 Assessment, paid in 2017) $3,378,900 CAGID Garage (2016 Assessment based 84/16 split between St. Julien and CAGID ~$3,378,900 /.16 less $3,378,900 $17,739,225 CAGID Garage in 2023 value at avg 5.79%. Annual increase based on $55,368,000 hotel + $3,378,900 garage) to combined $87,100,000 over 7 years $26,300,732 $26,300,732 Combined Value Existing Hotel & Garage $100,187,632 $113,400,732 *The current estimated construction cost for the Civic Use Building is $39,000,000. CIVIC USE BUILDING APPENDIX A 23 August 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 66 Packet Page 568 of 903 CIVIC USE BUILDING APPENDIX A 15 APRIL 2023 CIVIC USE BUILDING APPENDIX A August 23, 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 67 Packet Page 569 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 68 Packet Page 570 of 903 Boulder Civic Area Civic Pad Feasibility Study Boulder, Colorado 40° 0’, 105°16’ 26 November 2013 APPENDIX 'B'CIVIC USE BUILDING APPENDIX BAttachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 69 Packet Page 571 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 70 Packet Page 572 of 903 01 Program 02 Opportunities and Constraints 03 Plans 04 Sections 05 Massing 06 Optional Bridge Connection Table of Contents Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 71 Packet Page 573 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 72 Packet Page 574 of 903 01 Program Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 73 Packet Page 575 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 74 Packet Page 576 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 7 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 75 Packet Page 577 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 76 Packet Page 578 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 9 Opportunities: i. Connection to West End Civic Plan ii. Connection to Walnut St and Mall via Alley iii. Connection to Civic Area (via Canyon Blvd crossing – street level or bridge) iv. Connection to 9th and Walnut Parking Garage and potential mezzanine storage space v. Large ground level multi-function public space with natural light vi. Roof top activity terrace vii. Facility sharing with St Julien Hotel vii. Living Building Challenge Designation Possible Constraints: i. Building height limit of 55’ and roof top use ii. Flood Conveyance zone iii. Bridging Canyon Blvd – State Highway (14’ min clearance?) 02 Opportunities and Constraints Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 77 Packet Page 579 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 10 SERVICE ELEVATORSECTION AMezzanine Level -Floor Plan PARKING SPACES BELOW MEZZANINE STORAGE LEVEL 01 PARKING LEVEL BELOW RAMP STAIR ACCESS/EXIT FROM LEVEL 01 PARKING (BELOW) RAMP FROM ABOVE EXITING ELEVATOR TO LEVEL 01 (7’ CLEAR ASSUMED) CIVIC PAD FOOTPRINT ABOVE SECTION B Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 78 Packet Page 580 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 11 SECTION AALLEY (20’ WIDE) TO WALNUT STREET MENWOMEN 16’ 20’ CIVIC EVENT SPACE (6700 SF) BALCONY PREFUNCTION ENTRY COATS PREFUNCTION WARMING KITCHEN (E) FAN ROOM SHAFT (FROM GARAGE BELOW) (E) FAN ROOM SHAFT (FROM GARAGE BELOW) CANYON BOULEVARD BUS PULL-OUT SERVICE & EXIT CORRIDOR FOLDING PARTITION Level 01- Floor Plan SIDEWALK (E) ELEVATOR TO GARAGE/ PARKING ST. JULIEN HOTEL SERVICE ELEVATOR SECTION B Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 79 Packet Page 581 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 12 SECTION ALevel 02- Floor PlanLINE OF NEW BUILDINGST. JULIEN HOTEL (E) ELEVATOR BELOW (@ LEVEL 02 ONLY) BALCONY TERRACE - LEVEL 02 ONLY CIRCULATION CORNER BALCONIES STORAGE STORAGE B.O.H. SERVICE ELEVATOR ST. JULIEN ST. JULIEN SECTION B Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 80 Packet Page 582 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 13 SECTION ALINE OF NEW BUILDINGST. JULIEN HOTEL (E) ELEVATOR BELOW (@ LEVEL 02 ONLY) BALCONY RAISED PLANTER - LEVEL 3 ONLY CIRCULATION B.O.H. CORNER BALCONIES STORAGE STORAGE SERVICE ELEVATOR Level 03- Floor Plan ST. JULIEN ST. JULIEN SECTION B Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 81 Packet Page 583 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 14 SECTION ALevel 04- Floor PlanLINE OF NEW BUILDINGST. JULIEN HOTEL (E) ELEVATOR BELOW (@ LEVEL 02 ONLY) BALCONY CIRCULATION B.O.H. CORNER BALCONIES STORAGE STORAGE SERVICE ELEVATOR SECTION B ST. JULIEN ST. JULIEN Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 82 Packet Page 584 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 15 SECTION AUpper Level Roof Deck Floor Plan MULTI-PURPOSE ROOF DECK (7,250 SF) MECHANICAL ROOM ELECTRICAL ROOM FLAT ROOF VERTICAL GREEN SCREEN WALLS RAISED PLANTERS NORTH WALNUT VIEW DECK FLAT ROOF CONNECTOR FLATIRON VIEWS PARK VIEWS SERVICE ELEVATOR ST. JULIEN HOTEL (ROOF) SECTION B Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 83 Packet Page 585 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 84 Packet Page 586 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 17 Civic Event Space Configurations Partitioned Event - with prefunction Open Event Partitioned Event - with prefunction Open Event - with prefunction Open Event (8, 400 sf) Configuration B (3, 350 sf) Configuration C (2, 250 sf) Configuration D (1, 100 sf) Configuration B (3, 350 sf) Configuration A (6, 700 sf) Configuration B (3, 350 sf) Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 85 Packet Page 587 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 18 T.O. ROOF 10’-9”9’-8”9’-8”18’-4”LEVEL 04 LEVEL 03 LEVEL 02 LEVEL 01 MULTI-PURPOSE ROOF DECK ROOFTOP SOLAR PANEL PREVAILING WINDS MECHANICAL GREEN ROOF WITH RAISED PLANTERS AND VERTICAL SCREEN WALLS ST. JULIEN ST. JULIEN CIVIC EVENT SPACE TRELLIS OVER TERRACE CANYON BOULEVARD ALLEY POTENTIAL STORAGE (MEZZANINE LEVEL) VIEW TO FLATIRONS (E) GARAGE - LEVEL 01 (E) GARAGE- LEVEL 02 SECTION BSection A Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 86 Packet Page 588 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 19 Section B CIVIC EVENT ROOFTOP DECK ST. JULIEN HOTEL ROOFTOP SOLAR PANELS SECTION ASERVICE ELEVATOR (BEYOND) T.O. ROOF 10’-9”9’-8”9’-8”18’-4”LEVEL 04 LEVEL 03 LEVEL 02 LEVEL 01 MEZZANINE STORAGE (7’-0” CLEAR, TBD) SERVICE CORRIDOR VERTICAL GREEN SCREEN WALLS ELEVATOR AND STAIR TOWER (BEYOND) CIVIC EVENT SPACE PEDESTRIAN PORTAL (TO WALNUT ST. BEYOND) ENTRY/ PREFUNCTION (E) GARAGE - LEVEL 01 (E) GARAGE- LEVEL 02 ST. JULIEN Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 87 Packet Page 589 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 20 MULTI-PURPOSE ROOF DECK C A N Y O N B O U L E V A R D Massing Model - view from southeast Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 88 Packet Page 590 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 21 Massing Model - view from southwest ST. JULIEN HOTEL CANYON BOULEVARDMULTI-PURPOSE ROOF DECK Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 89 Packet Page 591 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 90 Packet Page 592 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 23 06 Optional Bridge Connection Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 91 Packet Page 593 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 24 SECTION AALLEY (20’ WIDE) TO WALNUT STREET MEN (below) WOMEN (below) 12’ 20’ CIVIC EVENT SPACE (6700 SF) BALCONY PREFUNCTION (below) WARMING KITCHEN (E) FAN ROOM SHAFT (E) FAN ROOM SHAFT CANYON BOULEVARDPEDESTRIAN BRIDGE OVER CANYON BLVD. +15 ft +12 ft BUS PULL-OUT SERVICE & EXIT CORRIDOR FOLDING PARTITION Optional Bridge Connection Mezzanine Level - Floor Plan SIDEWALK (E) ELEVATOR TO GARAGE/ PARKING ST. JULIEN HOTEL SERVICE ELEVATOR SECTION B PREFUNCTION (below) MEZZANINE LEVEL (ABOVE PREFUNCTION) Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 92 Packet Page 594 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 25 Optional Bridge Connection - Across Canyon Blvd. ST. JULIEN HOTEL MULTI-PURPOSE ROOF DECK Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 93 Packet Page 595 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 26 MULTI-PURPOSE ROOF DECK C A N Y O N B O U L E V A R D Optional Bridge Connection - view from southeast Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 94 Packet Page 596 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 27 Optional Bridge Connection - Across Canyon Blvd. LEVEL 02 BRIDGE CONNECTION ACROSS CANYON BLVD. ICONIC FORM AT VERTICAL CORE/ BRIDGE TERMINATION Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 95 Packet Page 597 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 28 Optional Bridge Connection - Across Canyon Blvd. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 96 Packet Page 598 of 903 Boulder - Civic Pad Feasibility Study 26 November 2013 page 29 Precedent Rooftop Deck- Civic Event SpaceConference/Civic Event Space Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 97 Packet Page 599 of 903 CIVIC USE BUILDING APPENDIX CAttachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 98 Packet Page 600 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 99 Packet Page 601 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 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900 Walnut Site Review Page 151 Packet Page 653 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 152 Packet Page 654 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 153 Packet Page 655 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 154 Packet Page 656 of 903 Room/Space Gross Area Notes Room/Space Gross Area Notes LEVEL 1 LEVEL 1 1.10 Open Event Space 8,400 Conference Room - A combined with Pre-Function 1.10 Open Event Space 9,070 Conference Room - A combined with Pre-Function Conference Room - A 6,700 6,700 Conference Room - A 6,608 6,622 Conference Room - B 3,350 Conference Room - B 3,220 Conference Room - C 2,250 Conference Room - C 1,655 Conference Room - D 1,100 Conference Room - D 1,625 1.20 Pre-function 3,250 Includes coat room 1.20 Pre-function 2,448 1.30 Restrooms 1,060 1.30 Restrooms 602 1.40 Warming Kitchen 1,740 1.40 Warming Kitchen 1,319 1.50 Vertical Circulation 680 1.50 Vertical Circulation 438 1.60 Storage/BOH / Service Corridor 2,585 1.60 BOH / Service Corridor 1,230 Includes fan room exhaust wells Total Level 1 14,660 Total Level 1 14,014 LEVEL 2 LEVEL 2 2.10 St. Julien Hotel Expansion 12,190 Exterior Terraces not included 2.10 St. Julien Hotel Expansion 9,880 *1,503sf Exterior Terraces not included 2.20 Circulation 900 6' wide corridors 2.20 Circulation 1,283 6' wide corridors 2.30 Vertical Circulation 680 2.30 Vertical Circulation 480 2.40 BOH/Service 740 2.40 BOH/Service 137 Total Level 2 14,510 Total Level 2 11,780 *13,283sf including Exterior Terraces LEVEL 3 LEVEL 3 3.10 St. Julien Hotel Expansion 12,190 Exterior Terraces not included 3.10 St. Julien Hotel Expansion 9,880 *1,503sf Exterior Terraces not included 3.20 Circulation 900 6' wide corridors 3.20 Circulation 1,283 6' wide corridors 3.30 Vertical Circulation 680 3.30 Vertical Circulation 480 3.40 BOH/Service 740 3.40 BOH/Service 137 Total Level 3 14,510 Total Level 3 11,780 *13,281sf including Exterior Terraces LEVEL 4 LEVEL 4 4.10 St. Julien Hotel Expansion 12,190 Exterior Terraces not included 4.10 St. Julien Hotel Expansion 9,878 *1,503sf Exterior Terraces not included 4.20 Circulation 900 6' wide corridors 4.20 Circulation 1,321 6' wide corridors 4.30 Vertical Circulation 680 4.30 Vertical Circulation 410 4.40 BOH/Service 740 4.40 BOH/Service 139 Total Level 4 14,510 Total Level 4 11,748 *13,252sf including Exterior Terraces LEVEL 5 LEVEL 5 5.10 Roof Top Terrace 7,250 Open, flexible outdoor event space 5.20 Mechanical/Electrical Rooms 255 5.20 Mechanical/Electrical Rooms 2,800 5.30 Elevator Foyer/Vestibule 450 5.40 Vertical Circulation 680 Total Level 5 3,930 Total Level 5 255 MEZZANINE LEVEL (Above Parkling Level 1)MEZZANINE LEVEL (Above Level 1) 0.10 Storage 2,800 Event Space Storage: Tables, Chairs 0.10 Mechanical 6,116 *5,643 (Un-Inhabitable, Mechanical Equipment) 0.40 Vertical Circulation 480 Service Elevator Access 0.40 Vertical Circulation 725 MEZZANINE LEVEL 3,280 MEZZANINE LEVEL 6,841 TOTAL BUILDING AREA 65,400 TOTAL BUILDING AREA 56,418 CIVIC PAD DEVELOPMENT 25 NOVEMBER 2013 CIVIC PAD DEVELOPMENT 17 JUNE 2023 Room/Space Gross Area Notes Room/Space Gross Area Notes LEVEL 1 LEVEL 1 1.10 Open Event Space 8,400 Conference Room - A combined with Pre-Function 1.10 Open Event Space 9,070 Conference Room - A combined with Pre-Function Conference Room - A 6,700 6,700 Conference Room - A 6,608 6,622 Conference Room - B 3,350 Conference Room - B 3,220 Conference Room - C 2,250 Conference Room - C 1,655 Conference Room - D 1,100 Conference Room - D 1,625 1.20 Pre-function 3,250 Includes coat room 1.20 Pre-function 2,448 1.30 Restrooms 1,060 1.30 Restrooms 602 1.40 Warming Kitchen 1,740 1.40 Warming Kitchen 1,319 1.50 Vertical Circulation 680 1.50 Vertical Circulation 438 1.60 Storage/BOH / Service Corridor 2,585 1.60 BOH / Service Corridor 1,230 Includes fan room exhaust wells Total Level 1 14,660 Total Level 1 14,014 LEVEL 2 LEVEL 2 2.10 St. Julien Hotel Expansion 12,190 Exterior Terraces not included 2.10 St. Julien Hotel Expansion 9,880 *1,503sf Exterior Terraces not included 2.20 Circulation 900 6' wide corridors 2.20 Circulation 1,283 6' wide corridors 2.30 Vertical Circulation 680 2.30 Vertical Circulation 480 2.40 BOH/Service 740 2.40 BOH/Service 137 Total Level 2 14,510 Total Level 2 11,780 *13,283sf including Exterior Terraces LEVEL 3 LEVEL 3 3.10 St. Julien Hotel Expansion 12,190 Exterior Terraces not included 3.10 St. Julien Hotel Expansion 9,880 *1,503sf Exterior Terraces not included 3.20 Circulation 900 6' wide corridors 3.20 Circulation 1,283 6' wide corridors 3.30 Vertical Circulation 680 3.30 Vertical Circulation 480 3.40 BOH/Service 740 3.40 BOH/Service 137 Total Level 3 14,510 Total Level 3 11,780 *13,281sf including Exterior Terraces LEVEL 4 LEVEL 4 4.10 St. Julien Hotel Expansion 12,190 Exterior Terraces not included 4.10 St. Julien Hotel Expansion 9,878 *1,503sf Exterior Terraces not included 4.20 Circulation 900 6' wide corridors 4.20 Circulation 1,321 6' wide corridors 4.30 Vertical Circulation 680 4.30 Vertical Circulation 410 4.40 BOH/Service 740 4.40 BOH/Service 139 Total Level 4 14,510 Total Level 4 11,748 *13,252sf including Exterior Terraces LEVEL 5 LEVEL 5 5.10 Roof Top Terrace 7,250 Open, flexible outdoor event space 5.20 Mechanical/Electrical Rooms 255 5.20 Mechanical/Electrical Rooms 2,800 5.30 Elevator Foyer/Vestibule 450 5.40 Vertical Circulation 680 Total Level 5 3,930 Total Level 5 255 MEZZANINE LEVEL (Above Parkling Level 1)MEZZANINE LEVEL (Above Level 1) 0.10 Storage 2,800 Event Space Storage: Tables, Chairs 0.10 Mechanical 6,116 *5,643 (Un-Inhabitable, Mechanical Equipment) 0.40 Vertical Circulation 480 Service Elevator Access 0.40 Vertical Circulation 725 MEZZANINE LEVEL 3,280 MEZZANINE LEVEL 6,841 TOTAL BUILDING AREA 65,400 TOTAL BUILDING AREA 56,418 CIVIC PAD DEVELOPMENT 25 NOVEMBER 2013 CIVIC PAD DEVELOPMENT 17 JUNE 2023 CIVIC USE BUILDING APPENDIX D April 14, 2024 CIVIC USE BUILDING APPENDIX D 23 AUGUST 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 155 Packet Page 657 of 903 CIVIC USE BUILDING APPENDIX E 15 April 2024 HISTORIC DATUM CIVIC USE BUILDING APPENDIX E 23 August 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 156 Packet Page 658 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 157 Packet Page 659 of 903 CIVIC USE BUILDING APPENDIX F 15 APRIL 2023 1095 Canyon Boulevard now known as 1077 Canyon Boulevard – The Arete DDAB and LUR Submittals, Planning Board Review & Declaration of Use DDAB Submittal, August 2, 2006 Planning Board Minutes, October 5, 2006 – Concept Plan #LUR2006-00061 In the planning review, the City of Boulder indicated the following design suggestions • (Page 18) They found that the proposed 27’ setback from Canyon would provide adequate space for views to the mountain back drop given the existing hotel and future civic building locations to the west of this site. • (Page 18) They found the 55’-0” Height Limit is consistent with the existing and future planned development in this area. • (Page 27) This is one of the last properties to be developed along Canyon. The last will be the “Civic" site to the west of this property. Developing a 28’ setback from Canyon at this location will create a landscaped plaza similar to Phase 5 One Boulder Plaza. Site Review Planning, Approval – LUR2006-00100 In the planning review, the City of Boulder indicated the following pertaining to approvals: • (Page 60) West elevation should be designed as end of a building that will be exposed for a number of years and accommodate a tall building up against it. • (Page 81) Prior to building permit application, the Applicant shall record a Declaration of Use acknowledging that Land Use plans for the adjacent property to the west has the potential for development with buildings up to 55’ in height as set forth in the 1997 Downtown Alliance Study. 1095 Canyon Boulevard - Table of Contents DDAB Submittal - Pg 2 Concept Plan #LUR2006-00061 – Pg 16 Attachment A: BVCP Policies - Pg 23 Attachment B: DDAB Comments - Pg 25 Attachment C: LUR Comments - Pg 26 Attachment D: Vicinity Map – Pg 32 Attachment E: Correspondence Received Exeter Building Letter - Pg 33 Attachment F: Concept Plan - Pg 36 Planning Board Review & Response - Pg 47 Attachment A: October 5, 2006, Planning Board Minutes; Concept Plan - Pg 60 Attachment B: Site/Use Review Criteria - Pg 62 Attachment C: Vicinity Map - Pg 71 Attachment D: Correspondence Received Exeter Building Letter – Pg 72 Attachment E: Land Use Review Results and Comments - Pg 75 Attachment F: Applicant's Plans and Written Statements - Pg 84 CIVIC USE BUILDING APPENDIX F 23 August 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 158 Packet Page 660 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 159 Packet Page 661 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 160 Packet Page 662 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 161 Packet Page 663 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 162 Packet Page 664 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 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Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 257 Packet Page 759 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 258 Packet Page 760 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 259 Packet Page 761 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 260 Packet Page 762 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 261 Packet Page 763 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 262 Packet Page 764 of 903 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 263 Packet Page 765 of 903 CIVIC USE BUILDING APPENDIX G 23 August 2024 PUBLIC SUPPORT NARRATIVES Daily Camera - May 18, 2024 Community Editorial Board: Considering Civic Use Boulder Weekly - May 20, 2024 Millionaires for vacant concrete pads, by Brian Keegan Daily Camera - September 15, 2024 Boulder Urban Renewal Authority votes to advance St. Julien Expansion by Amber Carlson 30 September 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 264 Packet Page 766 of 903 Community Editorial Board: Considering civic use By Community Editorial Board | openforum@dailycamera.com | Daily Camera PUBLISHED: May 18, 2024 at 5:00 a.m. | UPDATED: May 18, 2024 at 5:03 a.m. Members of our Community Editorial Board, a group of community residents who are engaged with and passionate about local issues, respond to the following question: A planned expansion of the iconic St. Julien Hotel in downtown Boulder, which is required to include space for civic and community use, is drawing criticism from some Boulderites. Your take? I can remember when the abandoned Chamber of Commerce building was located where the civic pad now sits, next door to the Elephant Bar, a popular post-City Council meeting watering hole. The St. Julien was a muddy parking lot known as the “People’s Lot.” The civic pad an appendage, but we were all thinking a public/private partnership would eventually make effective use of the tacked-on 1/4-acre Chamber parcel. Then, the dithering began, with dreams that first surfaced in 1995 facing a 2020 deadline. Not surprisingly, the nature and character of potential non-profit partners, ranging from a children’s museum to a science and technology center to a performance venue, continued to evolve, as alternatives were realized elsewhere or not at all. Commercial and financial feasibility proved to be elusive. So here we are, a quarter century later, hoping magic can still happen at this location. For years, a goal of a minimum of 20% of the gross floor area being devoted to civic uses has been sought. However, dedicated space and desired community programming are two different things. In 2019, the City indicated a willingness to pay up to $250,000 per year to subsidize use of the community space by non-profit organizations. The current plan dedicates three floors of the 53,240-square-foot new building to “extended-stay” guest rooms, a profitable new type of accommodation that does not exist within the existing hotel or in very many other places in Boulder. Let’s see if we can’t strike a reasonable balance here between the St. Julien’s entrepreneurial opportunity and the originally envisioned purpose of the civic pad. The City should not need to subsidize use of the small civic use space by our local non-profits, providing a real community benefit, and an independent organization, funded by the St. Julien, should manage the programming. Ed Byrne, edbyrne@smartlanduse.com The planned expansion of the St. Julien Hotel in downtown Boulder, which is required to include space for civic and community use, is drawing criticism from some Boulderites. However, not all of these criticisms seem valid. The “civic use pad” agreement between the City and the St. Julien envisioned nonprofit and community civic uses. Yet, details were lacking from the beginning. Since the St. Julien owns this land, not the City, they do have some leverage over how they interpret the “civic use” requirement. The group Protect Boulder Civic Space opposes this development. Their website presents concerns about the building being “monolithic,” “too big,” “out of place” and “out of character.” However, the new building’s height and design match its neighbors: the St. Julien Hotel and the 1095 Canyon Blvd building. Monolithic? Yes, but this reflects the current architectural trend for commercial buildings, and it totally fits the area’s character. Additionally, their claim that “St. Julien will own and control the space at no additional cost” overlooks the fact that they already own the space (it’s civic use space, not open space, and won’t be free to use). Their concerns about traffic are more valid. No traffic analysis has been performed, and with hotel space above the civic area, parking could be a significant issue. The Planning Board should address this during their hearing. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 265 Packet Page 767 of 903 The first floor will accommodate a variety of uses by local nonprofits and community groups, with St. Julien Partners responsible for building and managing it. The city may subsidize up to $250,000 a year for organizations hosting events there. Ultimately, the development fulfills its civic purpose by providing much- needed commercial space for nonprofits and community groups. While there are valid concerns about traffic, the overall development seems well-suited to the area and will provide valuable space for community use. Hernán Villanueva, chvillanuevap@gmail.com The St. Julien Hotel should be allowed to proceed with building on the site. The civic use pad has been a cement slab for over 20 years and there are now concrete plans to change that. The ballroom can be rented by community groups for events and activities and that will be a good addition in downtown Boulder. We need more event spaces. There are tangible ways that St. Julien leaders can quell suspicions of their motives for developing the site. Among them, the St. Julien can develop transparent processes for bookings, while offering these spaces at affordable prices. These will enhance the inclusion of budget-constrained community groups who can then hold events near Boulder Creek and Downtown. The “extended stay” rooms on the upper floors also can have 25% of rooms earmarked for low-income visitors — harmonious with the City of Boulder Inclusionary Housing program requiring that 25% of new units are permanently affordable. Better yet, the St. Julien can turn these into affordable housing units to take an important step in trust-building as they help address our affordable housing crisis. Stated objections to the development site include increased car traffic and parking concerns, as well as assertions that the building would be a “monolith” and “out of character.” Regarding car traffic and parking: There is plenty of parking in the many garages, surface lots and areas in our streets designated for cars. For those who are not able and/or who are living too far to cycle into downtown, these kinds of concerns have the potential to generate more enthusiasm for improved public transportation in the area. Instead of perceived parking and transport challenges then obstructing this project, we could advocate for and move forward with good public transit systems in Boulder too. Unlike the affordable housing crisis, there is not a parking crisis in Boulder. Regarding the building as a “monolith” and “out of character”: the proposal adheres to the height limit restrictions frequently noted and enforced in Boulder. While objecting, one group has stated that the “height, scope and mass are overwhelming and out of place. Boulder doesn’t need another cookie-cutter building … it doesn’t fit into the character of the neighborhood or downtown.” These are subjective assessments and hard to justify beyond value-laden opinions that I do not share. This seems like a sensible addition to the downtown core that will benefit the community and the local economy. Let’s move forward. Max Boykoff, mboykoff@gmail.com Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 266 Packet Page 768 of 903 Millionaires for vacant concrete pads Protect Boulder Civic Space is an astroturf group for wealthy condo owners next door By Brian Keegan - May 20, 2024 A new group, Protect Boulder Civic Space (PBCS) group, has sprung up to oppose development of the 11,000-square-foot Civic Use Pad attached to the St Julien Hotel. As I wrote to Boulder’s Planning Board in April, interest in protecting the Civic Use Pad is not a grassroots movement but a carefully choreographed opposition strategy involving legal and public relations professionals acting on behalf of wealthy neighboring property owners. The Civic Use Pad is to the east of the St Julien Hotel (900 Walnut St.) and to the west of the Arete condos (1077 Canyon Boulevard). Any multi-story development of the Civic Use Pad would impede the minimally obstructed western views that many of the Arete condos currently enjoy of Boulder’s Flatirons and foothills, potentially reducing the value of this real estate. The composition of the PBCS group is undeniably shaped by the interests of the residents of the condos. According to Boulder County Assessor’s property records and voter information files, ten of the PBCS members/households own property and eight are registered to vote in the Arete condo complex. The combined value of these PBCS members’ Arete condos is $34.8 million. A PayPal account accepts donations to the LLC defending the interests of these wealthy condo owners. The PBCS group employs a high degree of legal and public relations planning and coordination that is unusual outside of an electoral campaign. According to Secretary of State records, PBCS is an LLC incorporated on Jan. 16, 2024, by Stanley Garnett’s law firm (a PBCS supporter). The domain name protectbouldercivicspace.com was registered on Feb. 8, 2024 and their website is developed by a public relations firm owned by Doyle Albee (also a PBCS supporter). A press release announcing the formation of the group was published on April 5, 2024. The PBCS website contains draft letters for supporters to submit to city council and local papers opposing the development. These letters emphasize themes like “monolithic and out of character,” “safety/parking” and “original intent” with alarming allegations that a “monstrous 56,900-square-foot complex” would snarl traffic and “completely cut off downtown from the civic areas at the Library and Central Park.” On April 24, Cindy Lindsay (identified in the April 5 press release as the group’s spokesperson) authored a guest opinion in the Camera emphasizing character, parking and original intent Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 267 Packet Page 769 of 903 criticisms. Like many other PBCS members, Lindsay did not disclose her multi-million-dollar ownership interest in real estate adjoining the Civic Use Pad. The PBCS may feign interest in allowing the Civic Use Pad to be developed into alternative public use spaces like a performance venue, but it is unlikely that any multi-story development on this parcel would satisfy condo owners’ interests of preserving their sightlines from development. Instead of purchasing the Civic Use Pad to control its (non)use, these condo owners intend to pursue a much less expensive option of abusing planning processes to block or delay the conversion of an empty downtown parcel into usable and productive spaces. While members of the PBCS are within their rights to petition the city through the Planning Board to oppose development of this space, Boulder’s residents and planning officials should be aware this group is little more than a professionally coordinated astroturfing campaign by wealthy condo owners to protect the value of their real estate. I encourage the Planing Board and city council to act expediently on proposals to develop the Civic Use Pad into more productive uses for all Boulder residents. Brian Keegan is an assistant professor in information science at CU Boulder and board member of Boulder Progressives. He is writing in his own capacity, not on behalf of either organization. Editor’s note: Boulder Weekly reached out to PBCS to provide them with a general overview of this Op-Ed. Stan Garnett, the attorney representing the group provided the following statement: “It is not our intention to stop development and keep this space empty. Instead, our goal is to foster community dialog and input to ensure any construction on the last civic space with a view of the Flatirons in downtown Boulder meets the needs of the community as a whole. The St Julien’s current plans do not meet that criteria.” This opinion does not necessarily reflect the views of Boulder Weekly. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 268 Packet Page 770 of 903 Boulder Urban Renewal Authority votes to advance St. Julien expansion By AMBER CARLSON | acarlson@prairiemountainmedia.com PUBLISHED: September 15, 2024 at 11:00 a.m. For years, the St. Julien Hotel in downtown Boulder has been planning a major, and somewhat controversial, expansion project. The hotel at 958 Walnut St. has designs of creating a 50,070-square-foot building on the “civic use pad” space just east of the hotel, flanked by Canyon Boulevard on the south and the 10th Street connector on the north. Currently, the “pad” consists of a concrete deck, but it was designed so that it could someday support a building. A decades-old plan for that part of Boulder would require the planned expansion to include space for community use. If it’s approved, the proposed building will include hotel rooms and event spaces that will be available for local civic groups and not-for- profit organizations to rent. Previously, the building was expected to be bigger, upwards of 53,000 square feet. Some community members have disputed whether the planned project truly satisfies that requirement. A group of opponents called Protect Boulder Civic Space says on its website that the project as planned would be “monolithic” and out-of-character for the neighborhood, drive more traffic to the area without adding parking, and allow St. Julien to “own and control the space at no additional cost.” At least several of the members of the group are property owners and residents in neighboring buildings. Nonetheless, the project has moved another step forward: The Boulder Urban Renewal Authority, a city commission that promotes the redevelopment of properties in certain areas of Boulder, determined in a 3-0 vote that the project meets key city guidelines. At a meeting on Sept. 6, the Boulder Urban Renewal Authority’s task was not to weigh in on the overall design of the project, but rather to determine whether the planned expansion is consistent with certain guidelines in the city’s Ninth and Canyon Urban Renewal Plan. Before the arrival of the St. Julien in the early 2000s, the open land at Ninth Street and Canyon Boulevard was seen as an important connection point between the city’s civic center — where the municipal building and library are located — and the downtown business district. 00:02 02:00 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 269 Packet Page 771 of 903 Read More The Ninth and Canyon Urban Renewal Plan, first adopted in 1988, included guidelines for development in the area. One major guideline established that at least 20% of the gross developed area on the land at Ninth and Canyon should be set aside for civic use. This guideline has stirred up controversy about the St. Julien project and created obstacles to the space being developed. But the Urban Renewal Authority was asked to vet the project using a specific subset of urban renewal plan guidelines not related to the civic use requirement. Some of these guidelines said the area needed to include pedestrian access, open space and features to establish a “gateway” to downtown Boulder, among other requirements. Trash, traffic and ‘vibe’ City staffers said at the Boulder Urban Renewal Authority meeting they believe the St. Julien’s proposed expansion does meet that set of guidelines. But during the public hearing, several community members spoke in opposition to the project as a whole. At least three were affiliated with the Protect Boulder Civic Space group, which promoted the meeting on its website, and said they lived close to the civic use area. Catherine Gassman said any development of the area should provide “quality public space,” and she believes the St. Julien project will feel more like private than public space. “My concern with this … is it feels much more like private space than it does now,” she said, adding, “I just feel like this will feel like private space, and the people who are walking through there from the public, going from Canyon through to Pearl, will not feel the kind of welcoming Boulder vibe and energy.” Stan Garnett, a former Boulder County district attorney who has been retained by Protect Boulder Civic Space, said a building of that size is going to have a “real impact” on downtown. He also cited perennial concerns about “trash and traffic” and said there had not been enough public outreach on the project. Other speakers warned about the impact of “shadows” from a 55-foot-tall building and said the proposed building would not fit with the area. Bruce Porcelli, a managing member of St. Julien Partners LLC, pushed back on these assertions, saying the new building would add relatively few new hotel rooms and shouldn’t have a major traffic impact, especially because it is not likely all the rooms will be occupied at once. He said the new building design features setbacks to reduce the impacts to neighbors and preserve open space. At the same time, Porcelli said the project would draw more people downtown, which was part of the intent of the urban renewal plan. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 270 Packet Page 772 of 903 Further, he noted that the civic use area was never city property: although the city’s development restrictions have required a certain amount to be dedicated to civic use, the land still belongs to the St. Julien. And no other proposed development for the property — which has sat empty for more than 20 years — has moved forward. “Not everyone can be accommodated to all their wishes, and certainly with civic use, everyone has a different idea what that is,” Porcelli said. “But actually opening up to literally hundreds of local nonprofits — (the space) can be used for performances … for fundraisers, for art pop-ups, et cetera. There’s a number of events that can be (done) there that would be considered very civic by anyone.” Challenges to developing the civic use pad Although Protect Boulder Civic Space had a noticeable presence at the meeting, some community members have also voiced support for the St. Julien project. Boulder resident Eric Gertler told the Daily Camera he was “excited” about the St. Julien’s plans to develop the site. “While the civic use (guideline) was well-intentioned, interest in developing it was always narrow, and resources to finance what proposals that surfaced non-existent. So, it has sat empty for all these years, a monument to the difficulty of developing in Boulder,” Gertler wrote in an email. “Many of us greatly appreciate the St. Julien, which is a wonderful resource even for those of us who have never visited its guest rooms or known someone who stayed there. The idea that developing the civic use area now is robbing Boulder of a deserved resource is a stretch.” This project is the latest of numerous attempts over the years to develop the civic use pad space. Past efforts to do so failed for varying reasons. Plans for a building that would’ve housed a children’s museum and community dance facility fell through “due to financial challenges,” according to a city memo. The civic use site’s requirements also posed serious challenges for other entities who might have wanted to use and develop the site. The 20% minimum required building space made the project unaffordable for many would-be developers. Ultimately, the city loosened some of the requirements of the urban renewal plan, and a public- private partnership with the St. Julien emerged as a potential pathway for accomplishing the city’s vision. The Boulder Urban Renewal Authority’s input will be shared with the city’s Planning Board, which will review the project at a later date and decide whether to approve it. Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 271 Packet Page 773 of 903 COMMUNITY BENEFIT ANALYSIS With each iteration of the project, a civic use space has remained a key priority in this collaboration between the City of Boulder and St. Julien. Due to the site’s ideal location, municipal services can better engage with the community in a multipurpose meeting and event space in downtown Boulder. The flexibility and versatility of this large facility will allow for a broad range of events to take place including large meetings, conferences, and performances. During the Sept 20, 2018 Council Meeting, COB staff provided updated survey information indicating a continued need by civic and nonprofit groups for centrally-located and affordable space to conduct meetings, fundraising events, celebrations, exhibits and performances. Among the benefits listed: • Economic - A multi-purpose civic use space will provide the opportunity for additional events, performances, meetings and conferences bringing new visitors to Boulder. • Social - T he civic use on this site will provide access to a multi-purpose space that will be available to a variety of civic and community users. On April 9th, 2019, the Downtown Management Commission expressed unanimous support for the council's consideration of the project. On Nov 18th, 2019, an agreement ("Agreement") was entered into between the City, St Julien and CAGID – refer to Appendix C . The project encompasses a number of potential community benefits as described in the Agreement including: (I) Below market-rate meeting space : A range of room rental rates was negotiated and agreed and included in the Agreement. The projected non-profit rates are approximately a 50% discount off for- profit rates. (II) Space for arts and culture : As noted above. (III) Environmentally enhanced features: The building will meet the updated energy codes including electric heat pump HVAC technology. (IV) Mobility/Transportation: The project is centrally located to downtown, on major bus routes, and less than ten minute walk to/from the downtown RTD bus station. Additionally, bicycles are available to the hotel guest as well as two hotel shuttles for travel within an approximately two mile radius. The hotel also provides a focal point for rideshare services. (V) Publicly accessible spaces : the dedicated pedestrian pathway is open to the public; expansive open space along the south edge of the property is also open to the public. (VI) Social Needs : As noted above. Other indirect community benefits include: (VII) Attractive, desirable downtown location and venue. (VIII) Allowing 'third-party' providers access and kitchen privileges for any civic events requesting catering. The estimated building cost of $700/sf is a approximation indicated by the Cumming Group (see attached table of costs range of $590-$1,160/sf). Initial cost - est $9.8mm (14,000sf first floor @ $700) and assuming a straight line amortization over 20 years $490,000 $9,800,000 / 20 years = $490,000 $183,100 Annual operating cost of approximately $13.00/sf (14,000sf x $13.00) is derived from existing property costs. • Utilities (Gas, Electric, Water & Sewer, Waste Removal, Internet) are approximately $6.00/sf. • Repairs (Plumbing, Lighting, HVAC, Painting, Carpet, Window Cleaning etc) averages $7.00/sf CIVIC USE BUILDING APPENDIX H 23 August 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 272 Packet Page 774 of 903 $233,300 Property taxes on the existing building is approximately $2.3mm and, assuming an extrapolation (14,000sf/150,000sf), would result in an approximate property tax of $213,300 and $20,000 is an approximation using a similar rationale based on current insurance costs. $ 76,800 Annual staffing cost (sales/marketing/security staff) is a conservative approximation of current staff committing time to market, show, contract, and set-up/configure the space for civic users. ($344,250) Offset of rental payments remitted by civic user groups (~avg $1,350/day x 255 days e.g. 70% of 365 days). Rental rates for eligible civic users was set (and made part of the 2019 Agreement) in discussions with City staff utilizing available published rates. Typically, meeting rooms are not occupied all day/every day and an assumption was made that half the room would be rented 75% on average each day for 70% of the year ($1,800 x 75% x 255 days) $638,950 total minimum annual 'community benefit' at year one (assume an inflationary increase thereafter). Estimate of Building Cost: https://insights.cumming-group.com/costs-per-unit/ Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 273 Packet Page 775 of 903 10th STREET ALLEY MANAGEMENT PLAN Perspective. The St Julien has been operating nearly 20 years with all trash removal and deliveries serviced through its back-of-house loading dock on 10th Street. Alley traffic/congestion has not been an issue. If it becomes so, deliveries will be staggered and timed differently to mitigate any issues. Drivers have schedules they must comply with. If there were issues, actions would already be taken. As the alley is a two-way, two lane corridor, any trucks and vehicles simply make their way around any temporarily parked vehicles the preponderance of the time just as with any service alley in Boulder. On average, one to three deliveries occur daily, primarily between 7:00 and 9:00 am. Truck sizes can vary although the vast majority of delivery trucks are 20' (or less) box trucks. As these trucks service a number of downtown businesses, deliveries are relatively quick (15 minutes or less). Once per week, on average, a larger 30' truck will be utilized and make a longer stop (30 minutes or less). Very quick package stops by USPS/Amazon/FedEx can occur any time. Similar to residential deliveries, their presence is fleeting. Composting is collected 1x/week, recycling bins 3x-5x/week, and the roll off trash compactor 1x biweekly. Laundry is processed in-house. Again, for emphasis, the alley is a two-way and two-lane pathway. No vehicles are 'stranded in place' even during the 1x week larger St Julien deliveries as the east-west portion of the alley provides access to any direction via 11th Street. This is as the original site design intended. The 10th St garage ramp roof and ancillary space is designed/curved for a larger truck to back into the hotel loading dock. Although this occurs infrequently and for brief timeframes, it was intentionally designed, with the backing of City staff, to accommodate these vehicles. New Space . Additional Guest Rooms . The additional overnight guests will be accommodated in the same manner as current guests. They will enter through the main hotel entrance and access their suites by the 2nd-4th floor corridors. Any vehicles will be valet-parked or self-parked in the garage as is done currently. These guests will not generate any additional alley trips. Any additional food and supplies will be handled in the normal deliveries - similar to a planned banquet event. Orders will be sized accordingly, not more frequently. Trash, recycling, and composting will be processed as is currently done. Additional Civic Event Space . The ground floor event space is intended to be predominantly utilized by non-profit civic users which, if catered, will use approved third party caterers (e.g. there is no directive to use St Julien catering services). Not all meetings/events have a food and beverage component. Civic event attendees will access the space much in the same way as St Julien guests - via the main hotel entrance and/or 10th Street garage. If the event is catered and by a third party caterer, it is intended a caterer's small box truck (20' or less) will park next to the event space while unloading and loading. A time limit will be established and stated in the caterer agreement. The caterers’ staff will be the event staff, not St Julien staff. The frequency of these events is estimated to be, on average, 255 events per year (e.g. 70% of 365 days). Based on St Julien's event experience, most of these events will be 100 persons or less on average and will be scheduled for various times of day. Non Civic. For any non-civic events arranged and catered by the St Julien, such events will be handled in the normal course of St Julien operations with no additional staff and no additional alley vehicle trips. Again, as with the civic events, it is expected group sizes will be 100 persons or less on average. As St Julien will be in control of these types of non civic events, they can be scheduled to fit with the normal operations of the hotel. Civic and Non Civic. Regardless if an event is civic, non-civic, St Julien catered or third-party catered, St Julien staff (and overnight security staff) will monitor the area and ensure any trash/recycling is in covered bins or within the hotel loading dock door. Third-party caterers will be held accountable and, if not following the established protocols, will lose their status as an approved vendor. CIVIC USE BUILDING APPENDIX I 23 August 2024 Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 274 Packet Page 776 of 903 CIVIC USE BUILDING APPENDIX J 30 September 2024 BURA, DUDG AND Site Review Check-Lists Attachment B - Applicant's Plan Set and Written Statement Item 4A - 900 Walnut Site Review Page 275 Packet Page 777 of 903 BURAYESNOPARTIAL N/ADEVELOPMENT PLAN x1. Mixed and/or multi-use development that incorporates a combination of hotel and ancillary hotel services as primary uses. Civic uses (such as recreation center, museum, cultural center, City office space, and transit facilities specified under Section III, E.2.d of this plan), will occupy a minimum of 20% of the gross floor area of developed in the project area. The Civic Use component of the proposed building is approximately 14,000sf which is roughly 25% of the proposed total gross square footage. This exceeds the 20% minimum required square footage to be available for Civic Uses, refer to the Project Description.x2. If a viable project is not in the process of approval or development prior to April 18, 1998, the City Council shall consider reopening this urban renewal plan to permit alternative land uses. The Urban Renewal Plan for 9th/Canyon was originally submitted in 1988. A revised URP was proposed in collaboration with St. Julien, CAGID and the 10th Street Corridor in 1995. The current submission is the culmination of years of coordination with the various share holders for this site. On September 6, 2024, BURA reviewed the current application and provided their recommendation to the Planning Board for its approval.CONTEXT GUIDELINESxRetail activity at street level. Proposed Convention Space, Pre-function along Canyon Boulevard.xSouth facing urban open spaces and buildings. Building is oriented to the south to accommodate views, open space and provide continuous urban edge along Canyon.xLandscaping along Canyon Boulevard. As allowed, turf and trees are existing within the floodplain. Recommend potted plantings to provide a more human scale along existing foundation.xPedestrian access corridors through redevelopment sites. A pedestrian corridor has been provided along 10th Street to accommodate access from Walnut Street thru to Canyon Boulevard, Refer to A3.03.xA gateway element at Ninth and Canyon. A gateway along with appropriate signage being provided from 10th Street Alley thru to Canyon Boulevard, Refer to A3.03.xStreet walls and spaces framed by buildings on Walnut Street. Existing, proposed construction on south side of 10th Street Alley.xOpen space, building openings, setbacks, and orientation which frame the southerly views. Open space, building frontage and orientation along southern side of property. Refer to Site Design, Written Statement.AREA DEVELOPMENT GUIDELINESxPedestrian Access: Provide and enhance pedestrian connections within downtown and adjacent neighborhoods at Ninth and Canyon. Provide pedestrian access corridors to and through the project area. Maximize use of the 10th street alley, sidewalks, possible public improvements along Canyon, 9th and Walnut. A delineated public pedestrian path with relevant signage and lighting is provided from the 10th Street Alley thru the property to Canyon Boulevard and is maintained between the two buildings on the site. The path extends to a crosswalk at Canyon and south to the City Civic Center, Refer to A3.03.xPublic Improvements: Civic improvements should enhance the functions and image of the project area. These improvements should be considered for the 10th street alley and pedestrian connections across Canyon, 9th and Walnut, 9th, Walnut streetscapes. A Civic Use Space is being provided above the existing parking garage and aligns with the adjacent vernacular of the area. The public interface of the building and pedestrian way is intended to provide an experience, rather than just access with the use of lighting, displays, elevated hardscape and planters, Refer to A3.03.xOpen Space: Develop usable open spaces. Provide community and neighborhood facilities for sitting, relaxing, community gatherings, and local activities. The proposed building is located entirely over an existing parking garage, with layers of planters and green roofs where appropriate. The existing open space for the adjacent hotel on the project site shall remain as designed. At the convergence of the Civic Use Building, Hotel, Garage Exit and Pedestrian Path is a covered courtyard that frames a magnificent view of the Flatirons and articulates the gateway from Canyon to Walnut Street. Within and directly adjacent from this courtyard are exterior patios with seating, site walls and planters that provide both way-finding, but also moments for sitting, relaxing and observing the spectacular view.RESPONSEBoulder Urban Renewal Plan - 19959th & Canyon Urban Renewal Plan COMPLIANCESTANDARD CIVIC USE BUILDING APPENDIX J 30 September 2024 Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 276Packet Page 778 of 903 BURAYESNOPARTIAL N/ARESPONSEBoulder Urban Renewal Plan - 19959th & Canyon Urban Renewal Plan COMPLIANCESTANDARDSITE DEVELOPMENT GUIDELINES xEncourage a mix of uses on the site with lodging units or civic uses on the upper levels. The proposed structure provides a meeting and event space for Civic Use and its supporting spaces along the first level with hotel suites on the upper levels.xEncourage secondary special uses, such as educational, recreational, cultural, and civic uses, which complement the primary uses of the project area. The location and accessibility of the proposed Civic Use Building by pedestrian, bike, bus or car lends to a desirable destination for civic events, meetings, celebrations, exhibitions, fund raising and similar events. xDevelop the building complex to: reduce the apparent mass and bulk of the building; express the varied uses of the site; reflect the mixed use environment of downtown Boulder. The proposed structure aligns with the rhythms established by the adjacent buildings. There is a clear bottom, middle and top which directly relates to the interior program and the building has been designed to accommodate adjacent views to the extents possible with the limitations provided with the existing structure, Refer to A2.04 for building context.xNo individual project should become an enclave. The proposed Civic Use Structure is intended to enhance the existing open and landscaped grounds of the St. Julien Hotel with pedestrians from downtown, pedestrians utilizing the parking garage and those going to and from the City Center across Canyon. The project is not considered an enclave, but rather a convergence of paths.xAccentuate different portions of the buildings with various materials to reflect the different uses and functions of the buildings. The building is a combination of sandstone to align with the adjacent hotel, natural limestone and decorative metal cladding. Civic Use spaces are delineated with the native sandstone to the area, rooms above are articulated with lighter materials and a modern interpretation to traditional details.xDevelop public outdoor spaces with uses and functions that will add interest and character to Ninth and Canyon and downtown Boulder. The existing open space along 9th and Canyon to remain. Proposed structure contained entirely over the existing parking garage, but the pedestrian access corridor has been articulated in way to provide character and wayfinding thru to the existing and proposed buildings.xEncourage special features to convey a unique development character along Canyon Boulevard and Ninth Street. The bridge connection that attaches the Civic Use Building and the St. Julien Hotel provides a covered courtyard that denotes the building entrance, as well as defines the gateway into the pedestrian walkway into downtown and to the Civic Center. The southern facade along Canyon provides deep balconies to further add depth and movement along the urban edge.xPublic interest should be provided by the use of pedestrian scale applications of first story details, façade details, and pedestrian scale features. A challenge with the proposed structure is that the existing parking garage is located approximately 3'-6" above the adjacent grade and extends into the existing flood plain. Glazed wall panels, shade canopies above entry components, building lighting and material articulation have been provided to reduce the mass along the public realm. In addition, the pedestrian walkway is intended to be more of an experience and not leftover space between two buildings. There is wayfinding signage, paving, lighting, human scale canopies and planters.xEstablish appropriate street walls and building setbacks along 9th Street, Walnut Street, and Canyon Boulevard (street walls are buildings which frame street spaces). The street walls along the north, south and east sides of the building are existing and are located above the adjacent grade. The proposed structure aligns with the face of the building to the east.Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 277Packet Page 779 of 903 BURAYESNOPARTIAL N/ARESPONSEBoulder Urban Renewal Plan - 19959th & Canyon Urban Renewal Plan COMPLIANCESTANDARDSITE DEVELOPMENT GUIDELINES, CONT.xBuilding setbacks, design, massing, orientation and height should reinforce the significance of the Ninth and Canyon intersection. The setbacks for the structure are existing within the parking garage below and align with the adjacent property to the east. The massing of the structure naturally appears more formal as a Civic Use Space and aligns with the size of adjacent buildings. Additional Setbacks have been provided along the East side of the property at the Mezzanine and floors above to accommodate natural lighting for the adjacent structure. xPedestrian links should reinforce the downtown grid pattern and provide a more interesting and diverse pedestrian environment within the downtown. The pedestrian passage from 10th Street Alley thru to Canyon was designed as an experience. There is articulation within the pavement, shadows, lighting, mass and inventive use of materials, Refer to A3.03.xEnhance linkages to all transit facilities with information, education, directional signs and convenient and comfortable facilities. The entrance to the pedestrian passage on either side of the entrance corridor to have lighting, wayfinding signage illustrating the street direction of the path, as well as information wayfinding of the passage along the alley serves as a Gateway to the Civic Use Building, thru the site to a crosswalk across Canyon Blvd to the City Civic Center, Refer to A3.03.xPublic spaces should be urban in character to complement the mixed use image of downtown The public areas of the Civic Use Building have an urban feel and look. The courtyard and pedestrian path are design with a hardscape and decorative concrete paver, steel and metal overhead at pedestrian bridge and gateway elements.xPublic spaces should be oriented south to the greatest extent possible to enhance solar access. All public areas of the Civic Use Building are orientated towards the south to maximize views and solar access.xPublic spaces should be oriented south to the greatest extent possible to views of the Flatirons, Boulder Creek and the mountains to the west of Boulder. All public areas of the Civic Use Building are orientated towards the south to maximize views and solar access. The southern end of the pedestrian gateway provides a direct connection to Canyon with framed view of the Flatirons.xProvide ample places to sit, relax, and eat meals. The proposed building is an addition to the adjacent St. Julien Hotel. Places to sit, relax and eat meals are provided within the adjacent grounds on the property, Refer to A3.02.xDesign public spaces to incorporate drainage and flood hazard conditions associated with Boulder Creek. The proposed building is located within the one hundred-year floodplain. The existing structural floor slab below the building surpasses the minimum requirement of an elevation of two feet above the elevation of the water surface of a one-hundred-year flood as determined pursuant to Sections 9-3-2 through 9-3-8, B.R.C. 1981. Flood Protection is being provided to the Flood Protection Level for the project site, which is approximately 3.9 feet above the first floor elevation. The proposed pedestrian gateway and courtyard leading into the building and adjacent hotel is also located at the level of the Civic Use Elevation.xLand Utilization: The current floor area ration (F.A.R.) for the project area is approximately 0.03. The City of Boulder Planning Department's criteria for "significantly underutilized" land in the downtown is an F.A.R. below 0.49. Implementation of this Plan will result in an F.A.R. of approximately 1.50. The most recent amendment to the 9th & Canyon Urban Renewal Plan per Ordinance 7989, states that the FAR shall not exceed the amount permitted by the underlying zoning. DT-5 zoning allows F.A.R of up to 1.7. The proposed F.A.R. for the site at 9th & Canyon is 1.69.Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 278Packet Page 780 of 903 BURAYESNOPARTIAL N/ARESPONSEBoulder Urban Renewal Plan - 19959th & Canyon Urban Renewal Plan COMPLIANCESTANDARDSITE DEVELOPMENT GUIDELINES, CONT.xA system of pedestrian facilities that may include walks, a pedestrian mall, an atrium, pocket park and landscaped open spaces will be provided. Bike parking areas will be provided to encourage bike access. The existing property at 9th & Canyon which encompasses the proposed Civic Use Building has a series of walkways, sitting areas, landscape and open space. The proposed Civic Use Building would develop a pedestrian connection from Walnut Street to the 10th Street Alley Corridor and thru to Canyon Boulevard. This gateway is intended as the main entrance to the facility, along with a courtyard that provides a convergence of pedestrians from the adjacent walks, the parking garage below and adjacent hotel. There is currently short term bike parking along 9th and Walnut Streets, as well as within the pedestrian walkway. Additional short term parking and long term parking is located in the parking garage, Refer to R1.01, A0P.1 and A3.03.Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 279Packet Page 781 of 903 DUDGYESNO PARTIAL N/A2.1 General guidelines for the Non-Historic and Interface Areas xA. Maintain the historic or predominant building set back line.1. Maintain the relationship and continuity of the building wall to the street or property line.2. For commercial uses in residential buildings, maintain the predominant residential set back of the block, including any porches. The existing foundation wall / proposed south exterior wall aligns with the adjacent neighbor at 1095 Canyon Boulevard, Refer to A1.01. At Level Two, the floor steps back approximately 8'-0". The rear existing foundation wall aligns with the property line. Similar to the front set back, the rear set back steps in approximately 5'-0" at Level Two and 15'-0" at Upper Levels.xB. Views: Downtown Boulder is blessed with exceptional mountain views and projects should be designed to preserve access to this extraordinary asset from the public realm and surrounding area. The south and west edges of downtown offer the most spectacular views.The proposed structure has oriented the Civic Use space, pre-function and Hospitality Suites along the southern lot line facing south/southwest. In an effort to accommodate the adjacent neighbor to the east, the south east corner steps back to the existing Garage Exhaust (approximately 21') to minimize the impact on their existing southwest corner. Refer to A1.01 and A1.02.xC. Sun and Shade: In Boulder’s climate, sun and shade are important design considerations for providing natural light in buildings and creating appealing pedestrian areas that are ice free and sunny in the winter and shady in the summerThe northeast and southeast corners of the property are stepped inside of the side interior property line (approximately 16'-0") to allow solar access, relief to the adjacent structure along the east property line, Refer to 3.01. Along the alley, Levels Two thru Four are stepped back to provide additional sun exposure.xD. Minimize the visibility of mechanical, structural, or electrical appurtenances.1. Use low-profile mechanical units and elevator shafts that are not visible from the street. If this is not possible, set back or screen rooftop equipment from view. 2. Be sensitive to the views from the upper floors of neighboring buildings. Skylights and solar panels should have low profiles.We have removed roof access from the proposed stair to minimize mass and shadowing of the adjacent structure to the east. The mechanical equipment located on the roof is inset from the property line and has been reduced as much as possible to accommodate the equipment and minimize the impact to adjacent buildings. Mechanical screens have been provided so that equipment will not be visible from adjacent structures.xE. Design all sides of the building including alley elevations. 1. Well-designed rear building entrances, windows, balconies, and planting areas are encouraged.Improve rear or side alley elevations to enhance public access from parking lots and alleys.2. Where buildings are built to the alley edge, consider opportunities for alley display windows and secondary customer or employee entries. 3. Materials utilized on the primary elevation are to extend, or wrap, around building corners onto the secondary elevations extending back at least the width of a structural bay. 4. Screening for service equipment, trash, or any other rear-of-building elements should be designed as an integral part of the overall design. Where intact, historic alley facades should be preserved along with original features and materials.The proposed structure is being constructed on an existing parking garage. 1, 2. The rear entrance into the underground parking garage and pedestrian walkway has been illuminated with back-lit metal panels along the 10th Street Alley, which provides light and sense of entry on the north and northwest sides of the building. Also located on Level One along the alley is a service entrance for the prep kitchen and emergency egress from the building. The building steps back at the Mezzanine Level with deep balconies and planters at the Upper Levels, refer to A2.03, A3.02. 3. The materials along the primary elevation at Canyon Boulevard wrap the corners to the east and west sides. Materials at the southwest corner continue thru the pedestrian walkway and finally along the 10th Street Alley. The primary materials at the south, west and north sides are sandstone along the base, limestone and decorative metal paneling at Levels two thru four. Due to the proximity of the building at the east property line, we propose a decorative masonry unit along the first level where visible to provide interest, but that can be self-supporting and constructed from the interior side of the property line. 4. Service Equipment, Trash and Recycling for the existing hotel is located along the alley at the adjacent hotel property and is concealed from view. Three enclosed additional containers have been added to accommodate the Event Space at Level One along the 10th Street Alley. XF. Exterior building lighting should be designed to enhance the overall architecture of the building. Security lighting should be designed for safety, as well as night-time appearance.The exterior lighting package is intended to highlight building entrances, architectural features and provide safe passage along the pedestrian walkway. A combination of light sources from wall sconces, downward and concealed fixtures, to backlighting provide human scale without causing upward light pollution. The overall illumination to be soft and align with the adjacent buildings and site lighting.XG. Reduce the visual impact of structured and surface parking. 1. Parking structures should be compatible to the historic district and adjacent buildings. All parking structures should be architecturally screened and/or wrapped with an occupiable use. 2. Surface parking is discouraged. Locate any surface parking to the rear of the property and screen from view. 3. Pedestrian routes in structures and parking lots should be easily identifiable and accessed, with clear visual connections to the sidewalks and buildings.1. There is no surface parking provided on this building site, all parking and vehicular access is below grade at the existing adjacent Hotel and proposed Civic Center Site. 2. The existing parking structure does extend above grade approximately 3'-6" due to its location within the floodplain and provides the foundation for the proposed structure. 3. Signage and an illuminated pedestrian gateway is provided from the 10th Street Alley Corridor thru the site to Canyon Boulevard. XH. The law requires that universal access be located with the principal public entrance. There is universal access to the principal public entrance into the building from the 10th Street pedestrian corridor, an elevator from the existing parking garage, an exterior ramp from Canyon Boulevard and direct access from the adjacent hotel. While Level One of the proposed structure sits approximately 3'-6" above the adjacent grade to the south and east, it aligns with grade on the North and West Sides. Refer to R1.01.XI. Consider the quality of open space incorporated into new and renovated buildings. When appropriate to the context, integrate the surrounding open spaces into the building design. Well-programmed plazas, courtyards, outdoor seating and dining areas on or adjacent to open spaces and pedestrian routes are encouraged. The footprint for the building is located entirely over the existing parking garage. Planters have been provided along the north and east sides of the building. The Pedestrian path allows pedestrians to pass between the two buildings, through a covered courtyard past existing seating to the west and then to the open space along the south and southwest sides of the property. There are a series of walkways - both direct and non-directional along this side of the property.2.2 Commercial buildings in the Non-Historic and Interface AreasXA. Consider incorporating traditional facade elements in new and contemporary ways. See Section 1: The Downtown Historic District for specific building elements.There are several components from the Historic District typology that have been incorporated into the proposed Civic Use Building. The use of full dimension stone, large storefront windows with glazed transoms, stepped back and articulated secondary exits, parapet wall caps and cornices, upper story vertical windows with pilaster and column detailing, and window sill and head decorative detailing. Similarly to historic structures, the building provides a bay rhythm that aligns with the adjacent vocabulary of the street facade, refer to A2.04.RESPONSECriteria Checklist - Downtown Urban Design GuidelinesDowntown Urban Design Guidelines (DUDG)Chapter 2 Non-Historic and Interface Areas: The urban design objectives for the Non-Historic and Interface Areas are to: •Reinforce the character of Downtown as a pedestrian place by encouraging architectural soluDons that are visually pleasing, reflecDve of contemporary Dmes yet stylisDcally appropriate to the context, and compatible in scale and character with their street. •Encourage sensiDve design along the edge where the Downtown commercial area abuts residenDal neighborhoods. •Emphasize a clear disDncDon between the commercial and residenDal interface areas. •Maintain the diversity in building type and size and respect the adjoining residenDal character. •Discourage adverse impacts from noise, night lighDng, poor building design, and commercial service areas on adjacent residenDal neighborhoods.COMPLIANCESTANDARD CIVIC USE BUILDING APPENDIX J 30 September 2024 Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 280Packet Page 782 of 903 DUDGYESNO PARTIAL N/ARESPONSECriteria Checklist - Downtown Urban Design GuidelinesDowntown Urban Design Guidelines (DUDG)Chapter 2 Non-Historic and Interface Areas: The urban design objectives for the Non-Historic and Interface Areas are to: •Reinforce the character of Downtown as a pedestrian place by encouraging architectural soluDons that are visually pleasing, reflecDve of contemporary Dmes yet stylisDcally appropriate to the context, and compatible in scale and character with their street. •Encourage sensiDve design along the edge where the Downtown commercial area abuts residenDal neighborhoods. •Emphasize a clear disDncDon between the commercial and residenDal interface areas. •Maintain the diversity in building type and size and respect the adjoining residenDal character. •Discourage adverse impacts from noise, night lighDng, poor building design, and commercial service areas on adjacent residenDal neighborhoods.COMPLIANCESTANDARDxB. Consider the height, mass, and scale of buildings.1. In general, buildings should appear similar in height, mass, and scale to other buildings in the area. At the same time, it is important to maintain a variety of heights. While the actual heights of buildings are of concern, the perceived heights of buildings are equally important. One, two and three story buildings make up the primary architectural fabric of the Downtown, with taller buildings located at key intersections.2. Consider the height and proportion of buildings to neighboring structures. For new structures that are significantly taller than adjacent buildings, upper floors should be set-back a minimum of 15 feet from the front facade to reduce the perceived height. 3. Maintain the traditional, established breaks between buildings, such as existing walkways.4. For projects located in the Interface Area, construct buildings three floors or less and consider the adjacent residential height, mass, and scale. 5. Commercial construction on a primarily residential block should be designed to reflect a residential character, e.g. residential set back on a primarily residential street.A design challenge for this project was to accommodate the existing structure within the parking garage, without the ability to reinforce or modify the structural columns and flood protection, while providing a clear span for the Banquet and Conference Facilities. Refer to the Building Design Section of the Narrative. 1. Both the adjacent St. Julien Hotel and 1095 Canyon to the east are 55'-0" high. For the Civic Use Building to be viable, a Conference Facility with support spaces have been designed on the first floor with three floors of hotel rooms above that align and connect to the adjacent hotel. Hotel check-in, services and access for the new rooms will be handled similarly as the existing Hotel. 2. The primary elevation on the south steps back approximately 9'-0", with the secondary elevation on the north side stepping back 15'-0". The southeast corner has been stepped back approximately 35' to improve solar access and views for the adjacent property. 3-5. The site for this project is generally more commercial than residential and is in alignment with the adjacent hotel. The First Level for the building to the east is closer to grade, so alignments have been implied with the use of opaque balconies and material transitions. Refer to A2.04. xxC. Maintain a human scale, rather than monolithic or monumental scale.1. Avoid large featureless facade surfaces. Include architectural elements and patterns that divide the facade into familiar intervals. A single facade should not exceed a maximum of 75 linear feet. 2. Consider how the texture and pattern of building materials will be perceived. Use traditionally sized building components in a way that incorporates details, textures, and patterns to establish a sense of human scale. 3. Maintain the distinction between ground and upper floors. Develop the first floor facade as primarily transparent. Consider using windows and other architectural features to create a pattern that will reinforce the traditional facade rhythm found on commercial buildings in the Downtown area. Ground floors are generally differentiated by a higher percentage of glazing and transparency than upper floors.As shown on A2.04, the rhythm established along the Canyon facade is approximately 86', with bays approximately 28'. The reason for the wider bay is to accommodate the structural grid at the parking garage below, which has helped to define the room module on the upper floors. The civic use program for the building is expressed through a symmetrical facade and is articulated utilizing quality, timeless materials and historic detailing. The articulation at material transitions, stone window surrounds, head and sill details - as well as varying depths at the columns, provides subtle changes in plane and reduces the overall mass of the facade to a more human scale. Formal uses within the program are expressed through stone, while the hotel suites are more transient in their material expression.xD. Construct primary entrances at grade.The primary entrance is located above grade along the West Side of the Building due to the existing structure for the parking garage below, Garage Elevator and stair exit(s) and Pedestrian Path access. xxE. Maintain the rhythm established by the repetition of the traditional approximately 25’ facade widths for projects that extend over several lots by changing the materials, patterns, reveals, or building setbacks in uniform intervals or by using design elements such as columns or pilasters.As outlined in DUDG Section 2.2 - Commercial Buildings in Non Historic and Interface Areas, we have aligned our proposed project with the adjacent rhythm of the two buildings on either side. While the bays are approximately 85' (not 75') with a 28' module (not 25'), the general building form aligns with adjacent construction. There is a mix of natural materials with intricate detailing at the structural elements between the glazed openings to provide interest and provide a more human scale project along Canyon Blvd.xF. Distinguish ground floor height from upper floor heights. Ground level floor to floor height is encouraged to be taller than upper stories.Level One for the proposed Property is approximately 20'-0", with the upper levels defining the hotel suites approximately 9'-0" to align with adjacent hotel.xG. Shade storefront glass by appropriate means such as awnings or recesses.Shade canopies and similar detailing have been provided at large glazed openings along the south property line to provide shade and reduce the overall mass of the building.Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 281Packet Page 783 of 903 YESNOPARTIAL N/A(A) BVCP Land Use Map and PoliciesxThe proposed project is consistent with the BVCP land use map and, on balance, with the goals and policies of the BVCP particularly those that address the built environment. In applying this, the approving authority shall consistently interpret and apply this criterion and consider whether a particular goal or policy is intended to be applied to individual development projects or is to guide city policy decisions, such as regulatory actions. The BVCP does not prioritize goals and policies, and no project must satisfy one particular goal or policy or all of them. The proposed project is located within BVCP Planning Area I and is consistent with the goals outlined in BVCP – Built Environment.(B) Subcommunity and Area Plans or Design GuidelinesxIf the project is subject to an adopted subcommunity or area plan or adopted design guidelines, the project is consistent with the applicable plan and guidelines. (C) Reducing Greenhouse Gas EmissionsxAny new commercial building greater than 30,000 square feet in floor area and any 30,000 square feet or greater addition to a commercial building shall either have a net site energy usage index (EUI) of zero or is designed to achieve a net site EUI that is 10 percent lower than required under the City of Boulder Energy Conservation Code. It shall be a condition of approval that the applicant demonstrate compliance with this criterion at time of building permit. For the purpose of this requirement, "commercial building" shall have the meaning defined in the City of Boulder Energy Conservation Code. The structure has been designed utilizing energy modeling that will likely surpass minimum performance requirements outlined in the City of Boulder 2020 Energy Code (COBECC). The Energy Use Index (EUI) will be less than the targeted 10% outlined in the COBECC Performance Code. (D) Urban Edge DesignxIf the project is located within the urbanizing areas along the boundaries between Area I and Area II or III of the BVCP, the building and site design provide for a well-defined urban edge, and, if, in addition, the project is located on a major street shown in Appendix A of this title, the buildings and site design establish a sense of entry and arrival to the city by creating a defined urban edge through site and building design elements visible upon entry to the city. As the building addition will rest entirely on top of an existing below grade parking garage, little excavation of the site will be required and existing utilities have been deemed sufficient to accommodate the new structure. In addition to preserving the natural surroundings, plantings are being provided to soften the built architecture and better integrate within the public realm. (E) Historic or Cultural Resources xIf present, the project protects significant historic and cultural resources. The approving authority may require application and good faith pursuit of local landmark designation.(F) Housing DiversityxNot Applicable(G) Environmental Preservationx(i) The project provides for the preservation of or mitigation of adverse impacts to natural features, including, without limitation, healthy long-lived trees, significant plant communities, ground and surface water, wetlands, riparian areas, drainage areas, and species on the federal Endangered Species List and "Species of Special Concern in Boulder County" designated by Boulder County and their habitat. It is the intent of the project to maintain the existing landscape and hardscape improvements on the property.x(ii) Where excavation occurs, the location and design of buildings conforms to the natural contours of the land with tiered floor plates, and the site design avoids over-engineered tabling of land. Slopes greater than 50 percent should be avoided and, to the extent practicable, any such areas shall be stabilized with vegetationAs the building addition will rest entirely on top of an existing below grade parking garage, little excavation of the site will be required and existing utilities have been deemed sufficient to accommodate the new structure. (h)(1) Site Design Criteria: COMPLIANCESTANDARDRESPONSEBoulder Valley Comprehensive Plan (BVCP) criteria: Criteria Checklist - 9-2-14 Site Review CIVIC USE BUILDING APPENDIX J 30 September 2024 Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 282Packet Page 784 of 903 YESNOPARTIAL N/A(A) Access, Transportation & Mobility x(i) The project enables or provides vehicular and pedestrian connectivity between sites consistent with adopted connections plans relative to the transportation needs and impacts of the project, including but not limited to construction of new streets, bike lanes, on-street parking, sidewalks, multi-use paths, transit stops, streetscape planting strips, and dedication of public right-of-way or public access easements, as applicable considering the scope of the project. Where no adopted connections plan applies, the applicant shall, in good faith, and in coordination with the city manager, attempt to coordinate with adjacent property owners to establish, where practicable, reasonable and useful pedestrian connections or vehicular circulation connections, such as between parking lots on abutting properties, considering existing connections, infrastructure, and topography. All vehicular circulation and pedestrian connectivity is existing to remain, refer to Written Statement for a detailed description. x(ii) Alternatives to the automobile are promoted by incorporating site design techniques, land use patterns, and infrastructure that support and encourage walking, biking, and other alternatives to the single-occupant vehicle. New bike parking and pedestrian wayfinding signage is being provided along the Pedestrian Easement/Walkway and within the parking garage. Refer to the provided TDM Plan.x(iii) A transportation demand management (TDM) plan will be complied with including methods that result in a significant shift away from single-occupant vehicle use to alternate modes. Refer to the provided TDM Plan.x(iv) Streets, bikeways, pedestrian ways, trails, open space, buildings, and parking areas are designed and located to optimize safety of all modes and provide connectivity and functional permeability through the site.The existing open space has been landscaped with lush gardens, pathways, hardscapes and multiple areas for sitting, viewing and contemplation. Refer to Site Plan, refer to R1.01 and L1.00.x(v) The design of vehicular circulation and parking areas make efficient use of the land and minimize the amount of pavement necessary to meet the circulation and parking needs of the project. All vehicular circulation and parking areas are existing and below grade. The entrance to the parking garage is located so that there is less exposure to the 10th Street Alley Pedestrian Connection. x(vi) Where practicable and needed in the area and subject to coordination with the city manager, the project provides curbside parking or loading or both consistent with city policies on curbside management. Curbside parking and pedestrian loading has been provided at the existing St. Julien Hotel Porte Cochere. The existing service loading for the hotel is located within the 10th Street Alley.(B) Open Spacex(i) Useable open space is arranged to be accessible and designed to encourage use by incorporating quality landscaping, a mixture of sun and shade, hardscape areas and green spaces for gathering.The Useable Open Space for this property is located along the southern and southwesterly areas of the site. This area provides spectacular views of the Flatiron Mountains as well as a blend of open, semi open and private areas offering flexibility in its use. The articulations within the varying landscapes, hardscapes and formal scapes creates areas intended for contemplation, meandering paths, dining and events.x(ii) The open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property. In mixed-use projects, the open space provides for a balance of private and common areas for the residential uses and includes common open space that is available for use by residents of the residential uses and their visitors and by tenants, occupants, customers, and visitors of the non-residential uses. The open space directly adjacent to the Civic Use building affords the option for exhibits, outdoor gatherings and structured events. The entrance court at the Civic building opens onto an upper terrace with seating as well as to the lush landscapes below. RESPONSE(h)(2) Site Design Criteria: The project creates safe, convenient, and efficient connections for all modes of travel, promotes safe pedestrian, bicycle, and other modes of alternative travel with the goal of lowering motor vehicle miles traveled. Usable open space is arranged to be accessible; designed to be functional, encourage use, and enhance the attractiveness of the project; and meets the needs of the anticipated residents, occupants, tenants, and visitors to the project. Landscaping aesthetically enhances the project, minimizes use of water, is sustainable, and improves the quality of the environment. Operational elements are screened to mitigate negative visual impacts. In determining whether this is met, the approving agency will consider the following factors:COMPLIANCESTANDARDAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 283Packet Page 785 of 903 YESNOPARTIAL N/A(B) Open Space, cont.x(iii) If the project includes more than 50 dwelling units, including the addition of units that causes a project to exceed this threshold, and is more than one mile walking distance to a public park with any of the amenities described herein, at least 30 percent of the required outdoor open space is designed for active recreational purposes.There are no dwelling units associated with this project.x(iv) On-site open space is linked to adjacent public spaces, multi-use paths, city parks, or public open space if consistent with Department of Open Space and Mountain Parks or Department of Parks and Recreation plans and planning for the area, as applicable.The proposed building addition provides public access from the north 'downtown' side of the site through to the south 'Civic Center' side. The elevator from the public parking garage opens directly onto the pedestrian path which extends to both sides of the property and has a direct crosswalk link to the City Civic Center to the South. Access points to the building converge onto a courtyard with direct access to existing hardscaped patios, entrance to the hotel and meandering site paths sited with native plantings that provide a buffer from Canyon Boulevard.(C) Landscape and Screeningx(i) The project exceeds the minimum landscaping requirements of Section 9-9-12, "Landscaping and Screening Standards," B.R.C. 1981, by at least fifteen percent in terms of planting quantities, includes a commensurate area to accommodate the additional plantings, and, where practical, preserves healthy long-lived trees. After an on-site visual assessment of the existing landscape, it is our opinion that the existing landscape is in good condition and meets the requirements of the City's Landscape Requirements. No existing landscape will be altered or modified. The drawings have been revised to clearly delineate all existing and proposed landscape.x(ii) The landscaping design includes a variety of plants providing a variety of colors and contrasts in terms of texture and seasonality and high-quality hard surface materials, such as stone, flagstone, porous pavers, and decorative concrete. The Landscape Design is in compliance with the City's Landscape Requirements, Refer to L1.00 and L1.01x(iii)The landscaping design conserves water through use of native and adaptive plants, reduction of exotic plant materials, and landscaping within stormwater detention facilities to create bioswales or rain gardens, or other similar design strategies. The Landscape Design is existing and in compliance with the City's Landscape Requirements, Refer to L1.00 and L1.01x(iv) Operational elements, such as electrical transformers, trash storage and recycling areas, parking, and vehicular circulation, are screened from the public realm through design elements, such as landscaping, fencing, or placement of structures, to mitigate negative visual impacts. The proposed Civic Use Building is an addition to the existing Hotel and not a stand alone property due in large part to the buildings connection with the existing Parking Garage below. Xcel Energy does not allow new transformers to be positioned over another structure (such as the parking garage), thus the Civic Use building will be utilizing the existing transformer. Due to space limitations with direct grade access, we are only able to accommodate (3) 4-Yard Bins dedicated to the Civic Use component of the building. The Hotel operational elements will be shared with the existing St. Julien Hotel, which provides enclosed trash and recycling services along the 10th Street alley and transformer that is housed within an equipment yard.COMPLIANCESTANDARDRESPONSEAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 284Packet Page 786 of 903 YESNOPARTIAL N/A(A) Building Siting and Public Realm Interface:x(i) New buildings and, to the extent practicable, additions to existing buildings are positioned towards the street, respecting the existing conditions or the context anticipated by adopted plans or guidelines. In urban contexts, buildings are positioned close to the property line and sidewalk along a street; whereas, in lower intensity contexts, a greater landscaped setback may be provided to match the surrounding context. The footprint for the proposed addition is existing and is approximately 3'-6" above the adjacent grade along Canyon. It is more urban in context - the front, rear and side site interior setbacks are in alignment with the property lines and the area between the two structures acts as a pedestrian corridor / sidewalk. Due to the location within the floodplain, existing grasses and trees to remain with minimal plantings beyond those if planters to be provided.x(ii) Wherever practical considering the scope of the project, parking areas are located behind buildings or set back further from the streetscape than the building façade.The parking for the proposed structure is existing, with direct access located on the rear side / alley side of the building.x(iii) Along the public realm, building entries are emphasized by windows and architectural features that include one or more of the following: increased level of detail, protruding or recessed elements, columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices, eaves, increased window glazing, or changes in building materials or color.The entrances along the public realm are emphasized with large storefront openings with glazed transoms, lighting and shade canopies. The use of full dimension stone, stepped back and articulated secondary exits, parapet wall caps and cornices, pilaster and column detailing, and window details add depth and richness along the public realm. Refer to A2.02.x(iv) Defined entries connect the building to the public realm. Unless inconsistent with the context and building's use, along the public realm, one defined entry is provided every 50 feet. Buildings designed for residential or industrial uses may have fewer defined entries.All areas along the public realm are public and are consistent with the vernacular of the adjacent architecture. Due to the proximity of the floodplain, it is not possible to add additional entry locations along Canyon, however large window walls have been added to the event space to accommodate transparency and provide connection to the public realm. The public entries are located on the west side of the building.x(v) If the project is adjacent to a zoning district of lower intensity in terms of allowable use, density, massing, or scale, the project is designed with an appropriate transition to the adjacent properties considering adopted subcommunity and area plans or design guidelines applicable to the site, and, if none apply, the existing development pattern. Appropriate transitions may be created through design elements such as building siting and design or open space siting and design.The adjacent structure to the east is primarily Commercial along the streetscape with Residential Units above. To provide relief for the Residential Units, the Hotel Suites have been in-set from the property line - thus providing more solar access to the existing windows and adjacent balconies. Plantings have been added to lower roofs to help mitigate heat gain as well as provide a softer view for residents, Refer to A3.01.x(vi)The building's siting and relationship to the public realm is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of Paragraph (3), Building Design Criteria.The proposed Civic Use Building is compatible with the directly adjacent buildings along Canyon, as well as with the outlying non-historic district, Refer to A2.04. Direct attention was placed on accommodating solar access and views for the property to the east within the constraints of the existing structure. Refined natural materials have been selected that would complement the buildings on either side.COMPLIANCESTANDARDRESPONSEBuilding siting and design are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent specified in this paragraph. Buildings are positioned and oriented towards the public realm to promote a safe and vibrant pedestrian experience including welcoming, well-defined entries and facades. Building exteriors are designed with a long-lasting appearance and high-quality materials. Building design is simple and to a human scale, it creates visual interest and a vibrant pedestrian experience. Building roof design contributes to a city skyline that has a variety of roof forms and heights. In determining whether this is met, the approving agency will consider the following factors:(h)(3) Building Siting and Design Criteria: Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 285Packet Page 787 of 903 YESNOPARTIAL N/A(B) Building Design: x(i) Larger floor plate buildings and projects with multiple buildings have a variety of forms and heights. 9-2-14(h)(4): (More than 3-stories): A. Form and Massing consistent with adjacent character. I - building does not exceed 200' in any right away and II - Building facades that extend more than 120' should appear as at least two buildings . To achieve this there must be two of the following design guidelines met: 1. Type of dominant material or color, scale, or orientation of that material; 2.Facade recessions and projections, 3. Location of entrance and window placements, 4. Roof forms; and 5. varying building height.x(ii) To the extent practical considering their function, mechanical appurtenances are located within or concealed by the building. If they cannot be located within or concealed by the building, their visibility from the public realm and adjacent properties is minimized.Much of the Mechanical Equipment for the project has been located on a Mechanical Mezzanine, Refer to A1.01.5. Where additional roof equipment was required, a mechanical screen has been provided to completely conceal the height of such equipment, Refer to A1.05. The equipment has also been located directly centered on the structure to minimize noise near adjacent structures.x(iii) On each floor of the building, windows create visual interest, transparency, and a sense of connection to the public realm. In urban, pedestrian main street-built environments, it is a best practice to design at least 60 percent of each ground floor façade facing the street as window area. Otherwise, it is a best practice to design at Windows and private balconies have been provided along the street facing façade. Refer to A5.01 for current glazing calculations.x(iv) Simple detailing is incorporated into the façades to create visual interest, without making the façade overly complicated. This detailing may include cornices, belt courses, reveals, alternating brick or stone patterns, expression line offsets, window lintels and sills, and offsets in window glass from surrounding materials. Refer to the exterior building elevations, A2.01, A2.02 and A2.03.x(v) Balconies on buildings with attached dwelling units are integrated into the form of the building in that exterior walls partially enclose the balcony. Balcony platform undersides are finished. Not Applicablex(vi) The building's design, including but not limited to use of materials, color, roof forms, and style, is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of paragraph (3), Building Design Criteria.The buildings design is consistent with the intent of the Building Design Criteria and adjacent properties.(C) Building Materials x(i) Building facades are composed of high-quality, durable, human-scaled materials. High-quality materials include brick, stone, polished concrete masonry units, wood, architectural high pressure laminate panels, cementitious or composite siding, architectural metal panels, or any combination of these materials. Split-faced concrete masonry units, stucco, vinyl siding, EIFS, and unfinished or untreated wood are not considered durable, high-quality materials, but may be used on a limited basis and not on facades facing the public realm. High quality materials are focused on the ground floor facades on all sides of a building and on all floors of facades facing the public realm, and, overall, comprise the vast majority of all building facades.Refer to A2.01. The proposed Building Materials for the Civic Use Building is natural sandstone to match the existing adjacent Hotel, Dimensional Limestone Panels and Decorative Metal Paneling. Due to the proximity of the building on the east property line, a self-supporting material that can be constructed from the interior side of the property line would be required and is being proposed as a ground concrete masonry unit to match the adjacent limestone. Relief in plane and decorative patterns are being considered directly adjacent from the eastern balconies for added interest and texture.X(ii) Monolithic roofing membranes, like Thermoplastic Polyolefin, are not used on roof surfaces that are visible from the street level.Select roofs over the Mezzanine and lower levels of the building to have planters and softscape elements for visual interest and elevated view planes. Proposed monolithic roofing membranes are not visible from the street level.COMPLIANCESTANDARDRESPONSEAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 286Packet Page 788 of 903 (C) Building Materials, cont. X(iii) The number of building material types is limited, and the building materials are applied to complement the building form and function. The organization of the building materials logically expresses primary building features, such as the spatial layout, building entries, private and common spaces, anchor corners, stairwells, and elevators.The proposed building materials for the Civic Use building are located to express the internal functions of the space, while providing natural relief along the building elevations. Facades that are longer than 75' in length have material transitions, articulation within the construction of the details and changes in plane to provide a more human scale. Entry points and areas of circulation are prominent and designed quality materials, wayfinding signage and enhanced lighting. Refer to A2.00,A2.01 and A2.02.X(iv) Building cladding materials turn convex corners and continue to the inset wall. This criterion does not apply to changes that occur at an interior corner nor to detailing elements, such as cornices, belt courses, reveals, offsets in expression lines, lintels, and windowsills. Building cladding materials do not change in-plane unless there is at least a 12-inch wall offset.Refer to A2.01 and A2.02. Building cladding materials turn all corners of the building and transition on the inset walls. This is particularly important on the east side where there are adjacent foundation walls abutting the property lines and then stepping back on the upper levels. Material transitions occur at natural changes in plain, such as wall caps, column articulation and balconies.x(v) Any newly constructed building that includes residential units and is located within 200 feet of a railroad, freeway, or expressway is designed to achieve an interior day-night average noise level of no more than forty-five decibels. Not ApplicableYESNOPARTIAL N/A(A) Building Form and MassingX(i) The building does not exceed 200 feet in length along any public right-of-way. The building is a total of 144' at it longest length along the public right of way.X(ii) All building facades exceeding 120 feet in length along a public street, excluding alleys, are designed to appear as at least two distinct buildings. To achieve this, façade segments vary in at least two of the following design elements:a. Type of dominant material or color, scale, or orientation of that material;b. Facade recessions and projections;c. Location of entrance and window placements;d. Roof forms; ande. Building height.The building facades that extend more than 120' have been separated as to appear as at least two distinct buildings. By modifying the building materials, providing setbacks and facade recessions, we have complied with at least three of the five allowable elements outlined in the B.R.C. Section 9-2-14(h)(4), Site Criteria.(h)(4) Additional Criteria Additional Criteria for Buildings Requiring Height Modification or Exceeding the Maximum Floor Area Ratio: Any building exceeding the by-right or conditional zoning district height as permitted by Section 9-2-14(b)(1)(E), B.R.C. 1981, and any building exceeding the by-right floor area limits as permitted by Section 9-2-14(h)(6)(B), B.R.C. 1981, shall meet the following requirements: COMPLIANCESTANDARDRESPONSEBuilding Form and Massing: The building's form and massing are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent of paragraph (3), Building Design Criteria. The building's form, massing and length are designed to a human scale and to create visual permeability into and through sites. In determining whether this is met, the approving authority will consider the following factors: Attachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 287Packet Page 789 of 903 YESNOPARTIAL N/AB) Building and Site Design Requirements for Height Modifications: X(i) Buildings requiring a height modification shall meet the following requirements: a. For buildings no taller than three stories and subject to a height modification pursuant to Subparagraph 9-2-14(b)(1)(E)(i) through (vii), the building's height, mass, and scale is compatible with the character of the surrounding area.b. Height Bonus: For buildings taller than three stories subject to a height modification pursuant to Subparagraph 9-2-14(b)(1)(E)(viii), B.R.C. 1981: 1. Guidelines or Plan: The building's height is consistent with the building heights anticipated adopted design guidelines for the area. 2. No Guidelines or Plan. In 2019, the City of Boulder, CAGID and St. Julien Properties signed a Management and Operating Agreement. The agreement outlined conceptual concepts and allowable uses for the proposed Civic Use Building. Among the items that were agreed to was to accommodate a 55' high building that had a civic use space along the First Level and Three additional Levels of Hotel Suites to ensure that the building would be self-sustaining and viable. The mass of the building is compatible with the two directly adjacent buildings, along with the buildings within the vicinity, Refer to A2.04.X3. Additional Requirements for a Height Bonus - Views: i. If there are prominent mountain views from the site, usable open spaces on the site or elevated common areas on the building are located and designed to allow users of the site access to such views. ii. If the proposed building is located adjacent to a city managed public park, plaza, or open space, buildings are sited or designed in a manner that avoids or minimizes blocking of prominent public views of the mountains from these spaces.i. After extensive design studies, it was determined that a rooftop public deck or structure would not be allowed due to the 55'-0" building height limit and height of the elevator over-run. As such, we are proposing glazed window walls along the south to accommodate unobstructed views at the Civic Areas, with private balconies at the rooms above. These features also provide and indoor/outdoor connection along Canyon. X4. Additional Requirements for a Height Bonus - Open Space: i. If the project site is greater than one acre in size, an inviting grade-level outdoor garden or landscaped courtyard is provided, designed as a gathering space for the building users. The following are considered elements of successful design for such a space, as practicable considering site conditions and location; ii. The width of the space is no less than the height of building walls enclosing the space; iii. Seating and other design elements are integrated with the circulation pattern of the project; iv. The space has southern exposure and sunlight; v. Hard surface areas are paved with unit pavers, such as bricks, quarry tiles, or porous pavers, or poured-in-place materials. If poured-in-place materials are used, they are of decorative color or textures; vi. Amenities, such as seating, tables, grills, planting, shade, horseshoe pits, playground equipment, and lighting are incorporated into the space;vii. The space is visible from an adjoining public sidewalk; and viii. At least one tree is planted per 500 square feet of space. The trees are planted in the ground or, if over parking garages, in tree vaults.The project site offers varying layers of landscapes, hardscapes and areas devoted to both the Hotel Guests and the public realm along the southern sides of the property at grade. Articulated pedestrian pathways throughout the property and between the proposed buildings promote natural movement of pedestrians, as well as areas to gather for events or simply to enjoy the substantial views inherent on the site. ii. There are existing grade level gardens along the southwest corner of the property.iii. There are various available areas for seating both within the surround landscape and hardscape areas on the south and southwest sides of the property.iv. The Civic Use Building is located along the southern property line.v. The existing hard surface areas on the site are in compliance with the city's design guidelines. vi. There are shade structures, plantings, seating areas and site amenities along the existing south side of the property. vii. Refer to the enclosed site plan and building elevations along the public way, R1.01, A2.01 and A2.02. viii. All existing trees and landscape to remain where practical. A formal tree survey has been provided to the city within the LUR Submission. (h)(5) Additional Criteria for PolesAdditional Criteria for Poles or Emergency Operations Antennas Above the Permitted Height: Not ApplicableCOMPLIANCESTANDARD RESPONSEAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 288Packet Page 790 of 903 (h)(6) Land Use Intensity and Height ModificationsYESNOPARTIAL N/A(A) Land Use Intensity Modifications with Open Space Reduction: x(i) In the DT, BMS, BR-2, and MU-3 Zoning Districts: The open space requirements in Chapter 9-8, "Intensity Standards," B.R.C. 1981, may be reduced in all DT districts and the BR-2, BMS, and MU-3 districts subject to the following standards: Refer to R1.01. The proposed design meets the minimum percentage of open space required.xa. In the DT, BMS, or MU-3 zoning districts, the reduction in open space is necessary to avoid siting of open space that is inconsistent with the urban context of neighborhood buildings or the character established in adopted design guidelines or plans for the area, such as along a property line next to zero-setback buildings or along alleys: maximum fifty percent reduction. Not Applicable(B) Not Applicable(C) Additional Criteria for Height Bonus(i) Not Applicable(ii) Non-Residential Developments: For non-residential developments, the applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, at a rate of 1.43 above the base requirement for the bonus floor area. In a building with several types of non-residential uses, the bonus floor area of each type identified under Section 4-20-62, B.R.C. 1981, shall be a percentage of the bonus floor area that equals in number the percentage of the total floor area in the building of such use type. For nonresidential uses with a fee that is calculated per room or bed under Section 4-20-62, B.R.C. 1981, the increased rate for the affordable housing portion of the fee shall apply to bonus rooms or bonus beds as applicable under that section; the number of bonus rooms or bonus beds shall be determined consistent with the methodology for bonus units in Subparagraph (i)b. above. (iii) Not ApplicableRefer to the updated Written Statement, Appendix H for an outline demonstrating the project’s Alternate Community Benefit approach. (vi) Alternative Community Benefit: Pursuant to the standard in this Subparagraph (iv), the approving authority may approve an alternative method of compliance to provide additional benefits to the community and qualify for a height bonus together with any additional floor area or density that may be approved under Subparagraph (h)(6)(B). The approving authority will approve the alternative method of compliance if the applicant proposes the alternative method of compliance and demonstrates that the proposed method: a. Will improve the facilities or services delivered by the city, including without limitation any police, fire, human services, parks and recreation, or other municipal facility, land or service, or will provide an arts, cultural, human services, housing, environmental or other benefit that is a community benefit objective in the BVCP, andb. Is of a value that is equivalent to or greater than the benefits required by this Subparagraph (h)(6)(C). xAdditional Criteria for a Height Bonus and Land Use Intensity Modifications: A building proposed with a fourth or fifth story or addition thereto that exceeds the permitted height requirements of Section 9-7-5, "Building Height," or 9-7-6, "Building Height, Conditional," B.R.C. 1981, together with any additional floor area or residential density approved under Subparagraph (h)(6)(B), may be approved if it meets the requirements of this Subparagraph (h)(6)(C). For purposes of this Subparagraph(h)(6)(C), bonus floor area shall mean floor area that is on a fourth or fifth story and is partially or fully above the permitted height and any floor area that is the result of an increase in density or floor area described in Subparagraph (h)(6)(B). The approving authority may approve a height up to fifty-five feet if one of the following criteria is met: Modifications to minimum open space on lots, floor area ratio (FAR), maximum height, and number of dwelling units per acre requirements will be approved pursuant to the standards of this subparagraph: COMPLIANCESTANDARDRESPONSEAttachment B - Applicant's Plan Set and Written StatementItem 4A - 900 Walnut Site ReviewPage 289Packet Page 791 of 903 CITY OF BOULDER PLANNING BOARD ACTION MINUTES October 22, 2024 Hybrid Meeting A permanent set of these minutes and an audio recording (maintained for a period of seven years) are retained in Central Records (telephone: 303-441-3043). Minutes and streaming audio are also available on the web at: http://www.bouldercolorado.gov/ PLANNING BOARD MEMBERS PRESENT: Jorge Boone, Chair Mark McIntyre, Vice Chair Laura Kaplan Kurt Nordback ml Robles Mason Roberts Claudia Hason Thiem PLANNING BOARD MEMBERS ABSENT: None STAFF PRESENT: Brad Mueller, Director of Planning & Development Services Charles Ferro, Development Review Senior Manager Christy Fitch, Assistant City Attorney Shannon Moeller, Planning Manager Kristofer Johnson, Comprehensive Planning Senior Manager Sarah Horn, Senior Planner Mark Garcia, Civil Engineering Senior Manager Amanda Cusworth, Internal Operations and Board Support Manager 1.CALL TO ORDER Chair, J. Boone, declared a quorum at 6:00 p.m. and the following business was conducted. 2.PUBLIC PARTICIPATION In Person: No one spoke. Virtual: Lynn Segal 3.APPROVAL OF THE MINUTES There were no meeting minutes to approve. Attachment C - 10.22.24 Draft Planning Board Minutes Item 4A - 900 Walnut Site Review Page 290 Packet Page 792 of 903 4. DISCUSSION OF DISPOSITIONS, PLANNING BOARD CALL-UPS / CONTINUATIONS There were no items to call-up. 5. PUBLIC HEARING ITEMS A. AGENDA TITLE: Public hearing and consideration of a Site Review Amendment for an approximately 55-foot tall structure with 50,069 square-feet of floor area with a first-floor meeting space, mechanical mezzanine, and upper-level hotel rooms connected to the existing St. Julien Hotel at 900 Walnut Street. Reviewed under case no. LUR2023-00046. Staff Presentation: Shannon Moeller presented the item to the board. Board Questions: Shannon Moeller answered questions from the board. Applicant Presentation: Michael with 4240 Architecture presented the item to the board. Board Questions: Public Hearing: In Person: Peter Neale Stan Garnett Steve Sheafor Mitch Imber Mark McGaldy Marc Plinke Pete Dordick Sid Tikalsky Hubert Farbes Cindy Lindsay Craig Maughan Patricia Dietzler Dan Dietzler Buffy Andrews pooling with Kari Whitman, Doyle Albee Charlotte Keith Tatiana Tebo Aaron Coburn Dennis Johanningmeier Jennifer Mabry Sophia Books Lukas Devoe Attachment C - 10.22.24 Draft Planning Board Minutes Item 4A - 900 Walnut Site Review Page 291 Packet Page 793 of 903 John Khoriarty Michael Bittner Catherine Gassman Janies Calano Jimmy Keith Virtual: Barbara M Lisa Bartlett Jacki Reich Ronald McCormack Lynn Segal Board Comments: Key Issue #1: Is the proposed project, with its modifications including to height, consistent with the Site Review Criteria of the Land Use Code section 9-2-14(h)? Key Issue #2: Is the proposed project consistent with the relevant design guidelines in the Downtown Urban Design Guidelines and the 9th & Canyon Urban Renewal Plan? 10:08 K. Norback made a motion seconded by M. McIntyre to approve Site Review application under #LUR2023-00046, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria, and subject to the conditions of approval recommended in the staff memorandum. Planning Board voted 7-0, motion passed as amended below. • Motion to amend by K. Norback, seconded by C. Hanson Thiem to add the following condition: In collaboration with city staff, the applicant shall design improved crossing markings and signage for the intersection of the 10th St pedestrian way and the east-west running alley north of the site, and the plans shall be revised accordingly. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by J. Boone to add the following condition: In order to satisfy the additional criteria for height bonus and land use intensity, the applicant shall pay the affordable housing portion of the capital facility impact fee in Section 4-20-62, B.R.C. 1981, as required by 9-2-14(h)(6)(C), B.R.C. 1981. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by M. McIntyre to add the following condition: In order to meet the access and circulation criteria in the Site Review, the plans shall be revised to show wayfinding signage that shall make it clear to pedestrians that the 10th street corridor is not private property but a public pedestrian corridor as reviewed and approved by the city. Planning Board voted 7-0. Motion passed. • Motion to amend by L. Kaplan, seconded by ml Robles to add the following condition: In order to meet the site review criteria regarding “open space will meet the needs of the anticipated Attachment C - 10.22.24 Draft Planning Board Minutes Item 4A - 900 Walnut Site Review Page 292 Packet Page 794 of 903 residents, occupants, tenants, and visitors of the property”, the building include a public-access rooftop deck of at least ¼ of the available 5th floor area. Planning Board voted 4-3. Motion passed. • Motion to amend the language of the previous motion regarding the added rooftop deck condition made by L. Kaplan, seconded ml Robles: In order to meet site review criteria regarding Open Space, 9-2-14(h)(2)(B), B.R.C. 1981, the applicant shall revise the building plans to include a rooftop deck, that is at least 700 sq ft, of an orientation and design acceptable to the city, and accessible to the public, under terms that are consistent with the 2019 Agreement. Planning Board voted 7-0. Motion passed. 6. MATTERS FROM THE PLANNING BOARD, PLANNING DIRECTOR, AND CITY ATTORNEY A. Information Item: Notice regarding proposed Ordinance 8672 amending the City of Boulder Design and Construction Standards (DCS), originally adopted pursuant to Ordinance 5986, to add standards for narrow trenching for installation of telecommunications infrastructure and setting fort related details. Staff Presentation: M. Garcia presented the item to the board. Board Questions: M. Garcia answered questions from the board. Board Comments B. Matters: Review of Area III-Planning Reserve Urban Services Study (USS) Staff Presentation: Board Questions: Board Comments: 7. DEBRIEF MEETING/CALENDAR CHECK 8. ADJOURNMENT The Planning Board adjourned the meeting at 12:00am. APPROVED BY ___________________ Attachment C - 10.22.24 Draft Planning Board Minutes Item 4A - 900 Walnut Site Review Page 293 Packet Page 795 of 903 Board Chair ___________________ DATE Attachment C - 10.22.24 Draft Planning Board Minutes Item 4A - 900 Walnut Site Review Page 294 Packet Page 796 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Landmark Alteration C ertificate application to modify the front dormer and entry of the house at 2041 5th St. in the Mapleton Hill Historic District, pursuant to Section 9-11-18 of the Boulder Revised Code 1981 and under the procedures prescribed by chapter 1-3, “Quasi- J udicial Hearings,” B.R.C. 1981 P RI MARY STAF F C ON TAC T C lare Brandt, Preservation Planner AT TAC H ME N T S: Description I tem 4B - 2041 5th St. Landmark Alteration Certificate Packet Page 797 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE: Call-up Consideration: Landmark Alteration Certificate to modify the front dormer and entry of the house at 2041 5th St. (HIS2024-00191) in the Mapleton Hill Historic District. PRESENTERS Nuria Rivera-Vandermyde, City Manager Brad Mueller, Director of Planning and Development Services Kristofer Johnson, Comprehensive Planning Senior Manager Chris Reynolds, Deputy City Attorney, City Attorney’s Office Marcy Gerwing, Principal Historic Preservation Planner Clare Brandt, Historic Preservation Planner EXECUTIVE SUMMARY The proposal to modify the front dormer and entry of the house at 2041 5th St. in the Mapleton Hill Historic District, was conditionally approved by the Landmarks Board (4-1 Pelusio dissenting) at its November 6, 2024, meeting. The decision was based upon the board’s consideration that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the General Design Guidelines for Historic Districts and Individual Landmarks and the Mapleton Hill Historic District Design Guidelines. The board’s conditional approval is subject to a 16-day call-up period by City Council, no later than November 22, 2024. ATTACHMENTS Attachment A: Disposition for 2041 5th St., dated November 21, 2024. Attachment B: November 6, 2024 Landmarks Board Memo for 2041 5th St. (link) Item 4B - 2041 5th St. Landmark Alteration Certificate Page 1 Packet Page 798 of 903 Notice of Disposition You are hereby advised that on November 6, 2024, the following action was taken by the Landmarks Board: ACTION: Recommended for conditional approval by a vote of 4-1 (Pelusio dissenting) APPLICATION: Landmark Alteration Certificate application to modify the front dormer and entry of the house at 2041 5th St. (HIS2024-00191) in the Mapleton Hill Historic District, pursuant to Section 9-11-18 of the Boulder Revised Code 1981 and under the procedures prescribed by chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981. LOCATION: 2041 5th St. OWNER: Henry Shaw Thomas APPLICANT: Samuel Austin This decision was based on the Board’s consideration that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the Mapleton Hill Historic District Design Guidelines and the General Design Guidelines for Historic Districts and Individual Landmarks. Staff Presentation M. Gerwing presented the application to the board, recommending the Landmarks Board approve the application with conditions. Applicant Presentation Samuel Austin, architect, presented the application to the Landmarks Board and answered questions. Henry Shaw Thomas provided additional information. Public Comment The following members of the public spoke: 1.Lynn Segal 2.Patrick O’Rouke representing Historic Boulder, Inc. Prior to the public hearing, the following members of the community wrote to the Landmarks Board (link to letters received): 1.Mary Kay Stoehr Motion Attachment A - Disposition for 2041 5th St. Item 4B - 2041 5th St. Landmark Alteration Certificate Page 2 Packet Page 799 of 903 On a motion by J. Decker, seconded by R. Golobic, the Landmarks Board voted 4-1 (R. Pelusio dissenting), to adopt the staff memorandum dated Nov. 6, 2024, as the findings of the Board and conditionally approve the application for a Landmark Alteration Certificate to replace front shed dormer with new shed dormer and move front door wall of the house at 2041 5th St. (HIS2024-00132), a contributing property in the Mapleton Hill Historic District, pursuant to Section 9 -11-18 of the Boulder Revised Code 1981, as shown on plans dated Aug. 14, 2024, finding that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the Mapleton Hill Historic District Guidelines and the General Design Guidelines for Boulder’s Historic Districts and Individual Landmarks. Conditions of Approval 1. The applicant shall be responsible for completing the work in compliance with the approved plans, except as modified by these conditions of approval. 2. Prior to submitting the following to the staff for final review, the applicant shall obtain Zoning variances required. 3. Prior to submitting a building permit application and final issuance of the Landmark Alteration Certificate, the applicant shall submit the following, which shall be subject to final review and approval by staff to ensure that the final design of the addit ion is consistent with the General Design Guidelines, the Mapleton Hill Historic District Design Guidelines, and the intent of this approval: 1. Extend shed roof of dormer forward, so the trim above the window is less visible; 2. Reduce the width of the trim below the window to more closely replicate the historic condition. 3. Provide details to show dormer windows match existing in material (wood), operation and design. 4. Verify the age of the front door; Retain existing door and trim if door dates to pre- 1946. If door is confirmed non-historic, match the door size, style and material; 5. Provide details of stucco to match the existing in texture, material and color and finish. 6. Revise plans to remove porch extension over existing stairs and construction of new stairs. Pelusio’s dissenting option was a concern that the work could be avoided. Link to November 6, 2024 Landmarks Board Memo for 2041 5th St. Attachment A - Disposition for 2041 5th St. Item 4B - 2041 5th St. Landmark Alteration Certificate Page 3 Packet Page 800 of 903 Figure 1. Left: Map of central Boulder showing Location of 2041 5th St. located west of downtown. Right: Location of 2041 5 th St. on the corner of Spruce and 5th Streets, opposite Campbell Robertson Park. eMapLink (link). Figure 2. Left: Historic view of east façade and southeast corner of house.1 Right: Similar view of house, 2016 (Google Streetview (link to satellite image on Google Maps) showing the one and one-half story stucco Craftsman Bungalow constructed 1913 with front porch with gable roof and half timbers and shed roof dormer with exposed rafter tails at the center of the main roof. 1 “2041 5th Street real estate appraisal card.” 1929-1961. Call no. 880-5th-2041. Carnegie Library for Local History. https://localhistory.boulderlibrary.org/islandora/object/islandora%3A85199 Attachment A - Disposition for 2041 5th St. Item 4B - 2041 5th St. Landmark Alteration Certificate Page 4 Packet Page 801 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M Landmark Alteration C ertificate application to construct a new 715 sq. ft. accessory building at 575 Euclid Av e. a pending landmark, pursuant to Section 9-11-18 of the Boulder Revised C ode 1981 and under the procedures prescribed by chapter 1-3, “Quasi-J udicial Hearings,” B.R.C . 1981 P RI MARY STAF F C ON TAC T C lare Brandt, Preservation Planner AT TAC H ME N T S: Description I tem 4C - 575 Euclid Av e. L andmark Alteration Certificate Packet Page 802 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE: Call-up Consideration: Landmark Alteration Certificate to construct a new 715 sq. ft. accessory building at 575 Euclid Ave. (HIS2024 -00226) a pending landmark. PRESENTERS Nuria Rivera-Vandermyde, City Manager Brad Mueller, Director of Planning and Development Services Kristofer Johnson, Comprehensive Planning Senior Manager Chris Reynolds, Deputy City Attorney, City Attorney’s Office Marcy Gerwing, Principal Historic Preservation Planner Clare Brandt, Historic Preservation Planner EXECUTIVE SUMMARY The proposal to construct a new 715 sq. ft. accessory building at 575 Euclid Ave. a pending landmark, was conditionally approved by the Landmarks Board (5-0) at its November 6, 2024, meeting. The decision was based upon the board’s consideration that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the General Design Guidelines for Historic Districts and Individual Landmarks. The board’s conditional approval is subject to a 16-day call-up period by City Council, no later than November 22, 2024. ATTACHMENTS Attachment A: Disposition for 575 Euclid Ave., dated November 21, 2024. Attachment B: November 6, 2024 Landmarks Board Memo for 575 Euclid Ave. (link) Item 4C - 575 Euclid Ave. Landmark Alteration Certificate Page 1 Packet Page 803 of 903 Notice of Disposition You are hereby advised that on November 6, 2024, the following action was taken by the Landmarks Board: ACTION: Recommended for conditional approval by a vote of 5-0 APPLICATION: Landmark Alteration Certificate application to construct a new 715 sq. ft. accessory building at 575 Euclid Ave. (HIS2024-00226) a pending landmark, pursuant to Section 9-11-18 of the Boulder Revised Code 1981 and under the procedures prescribed by chapter 1-3, “Quasi-Judicial Hearings,” B.R.C. 1981. LOCATION: 575 Euclid Ave. OWNER: Henry Shaw Thomas APPLICANT: Samuel Austin This decision was based on the Board’s consideration that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the General Design Guidelines for Historic Districts and Individual Landmarks . Staff Presentation M. Gerwing presented the application to the board, recommending the Landmarks Board approve the application with conditions. Applicant Presentation Cheri Belz, architect, presented the application to the Landmarks Board and answered questions. Charlie Baughn provided additional information. Public Comment The following members of the public spoke: 1.Lynn Segal Motion On a motion by R. Pelusio, seconded by J. Decker, the Landmarks Board voted 5-0 to adopt the staff memorandum dated Nov. 6, 2024, as the findings of the board and conditionally approve the application for a Landmark Alteration Certificate to construct a new 715 square foot detached garage at 575 Euclid Ave. (HIS2024-00226), a pending landmark, pursuant to Section 9-11-18 of the Boulder Revised Code 1981, as shown on plans dated Oct. 21, 2024, finding that the proposal meets the Standards for Issuance of a Landmark Alteration Certificate in Chapter 9-11-18, B.R.C. 1981 and is generally consistent with the General Design Guidelines for Boulder’s Historic Districts and Individual Landmarks. Attachment A - Disposition for 575 Euclid Ave. Item 4C - 575 Euclid Ave. Landmark Alteration Certificate Page 2 Packet Page 804 of 903 Conditions of Approval 1. The applicant shall be responsible for completing the work in compliance with the approved plans, except as modified by these conditions of approval. 2. Prior to submitting a building permit application and final issuance of the Landmark Alteration Certificate, the applicant shall submit the following, which shall be subject to final review and approval by staff to ensure that the final design of the addit ion is consistent with the General Design Guidelines and the intent of this approval: a) Revise plans to show CMU block as exterior material; b) Provide details of the materiality of the windows and doors (including garage door), guttering and lighting; c) Revise plans to show final design of driveway with combination of “grass -crete” and gravel; Consider revising garage door to a solid door (wood or steel) to reflect the midcentury character of the property. Link to November 6, 2024 Landmarks Board Memo for 575 Euclid Ave. Figure 1. Left: Map of Boulder showing location of 575 Euclid Ave. in west of the University Hill neighborhood (location flagged). Right: Location of 575 Euclid Ave. between Gilbert Street and 6th Street and South of Geneva Avenue. The property (outlined and flagged) faces south onto Euclid Avenue. eMapLink (link) Attachment A - Disposition for 575 Euclid Ave. Item 4C - 575 Euclid Ave. Landmark Alteration Certificate Page 3 Packet Page 805 of 903 Figure 2. Top left: View of south façade of house showing curved walls facing Euclid Avenue.1 Top right: Similar view of house, 2017 (Google Streetview (link to satellite image on Google Maps) showing the south façade of the house constructed 1959. Below: 2024 image of the south façade of the house. Provided by applicant. 1 Wray, Diane. “575 Euclid Avenue historic building inventory record.” June 1, 2000. Boulder Modern Architecture Survey. Call n o. 780 Euclid 575. Carnegie Library for Local History. https://localhistory.boulderlibrary.org/islandora/object/islandora%3A17883 Attachment A - Disposition for 575 Euclid Ave. Item 4C - 575 Euclid Ave. Landmark Alteration Certificate Page 4 Packet Page 806 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M C onsideration of a motion to approve and authorize the city manager to enter into, execute, and negotiate administrative amendments prior to or during the term, a 20-year Fiber Backbone Lease Agreement, in substantially the same form as in Attachment A, between the C ity of Boulder and A LLO C ommunications LLC , leasing the city’s dark fiber backbone for retail broadband services, with the City C ouncil finding that the lease and the construction associated therewith will provide a public benefit to the city of Boulder P RI MARY STAF F C ON TAC T Mike Giansanti, Innovation and Technology Deputy Director RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion to approve and authorize the city manager to enter into, execute, and negotiate administrative amendments prior to or during the term, a 20-year Fiber Backbone Lease Agreement, in substantially the same form as in Attachment A, between the C ity of Boulder and A LLO C ommunications LLC , leasing the city’s dark fiber backbone for retail broadband services, with the C ity Council finding that the lease and the construction associated therewith will provide a public benefit to the city of Boulder AT TAC H ME N T S: Description I tem 5A - Approv al of B roadband F iber L ease Agreement with AL L O Communications Packet Page 807 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2024 AGENDA TITLE Consideration of a motion to approve and authorize the city manager to enter into, execute, and negotiate administrative amendments prior to or during the term, a 20-year Fiber Backbone Lease Agreement, in substantially the same form as in Attachment A, between the City of Boulder and ALLO Communications LLC, leasing the city’s dark fiber backbone for retail broadband services with the City Council finding that the lease and the construction associated therewith will provide a public benefit to the city of Boulder PRESENTERS Nuria Rivera-Vandermyde, City Manager Chris Meschuk, Deputy City Manager Andy Frohardt, Assistant City Attorney III Jennifer Douglas, Chief Innovation & Technology Officer Mike Giansanti, Deputy Chief Innovation & Technology Officer EXECUTIVE SUMMARY The purpose of this item is for the City Council to consider directing the city manager to proceed with executing a 20-year Fiber Backbone Lease Agreement, Attachment A, with ALLO Communications LLC (ALLO) to deliver on community broadband objectives. In 2018, the City Council outlined a goal to ensure every home and business in the city of Boulder was able to access state-of-the-art fiber-based broadband internet services offered at an affordable price. That goal began with the construction of a citywide fiber backbone. Construction on that backbone was completed in 2024. Today, nearly seven years later, this council has an opportunity to leverage the substantial investment in the city’s fiber backbone and enter into an agreement with ALLO to make the completion of this goal a reality by 2030. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 1 Packet Page 808 of 903 In October 2023, the City Council directed staff to proceed with the negotiation of an agreement with a private party to deliver on community broadband objectives. After a robust solicitation and review process, ALLO was selected as the internet service provider that could most effectively aid the city in achieving its six community broadband objectives: citywide access, competitive marketplace, equitable and inclusive, future oriented, net neutrality, and consumer privacy. Over the last several months, city staff have worked with ALLO to arrive at a set of lease terms that align with the council’s objectives. Key aspects of the agreement include: •Citywide Access: ALLO will achieve 80% coverage by 2028 and 97% by 2030. •Competitive Pricing: ALLO’s rates will be at or below those in other Colorado markets with greater than 10,000 ALLO customers, with transparent fee free pricing, providing affordable options for community members and businesses. •Equitable and Inclusive Service: ALLO will offer discounted rates for low-income households (including proactive marketing to city-designated low-income housing units), free service for 25 community non-profit organizations, and complimentary service upgrades for students, ensuring broad, equitable access across diverse demographics. ALLO will also maintain a physical storefront in Boulder, accessible by public transportation. •Future-Ready Infrastructure: ALLO’s fiber network supports scalable, high-speed connectivity and includes sustainable materials to minimize environmental impact. •Net Neutrality and Consumer Privacy: ALLO will maintain an open internet with no data caps or traffic prioritization and strict protections on consumer data usage in compliance with the Colorado Privacy Act. The 20-year agreement includes ALLO leasing a portion of the city’s fiber backbone. This will yield the city a $1.5 million upfront lease payment, ongoing lease revenue from success-based fees, and a share of ALLO’s wholesale revenue, which, in total, will fund future community initiatives. Staff estimate the total net present value of the lease deal to be about $9M. Under the agreement, ALLO is also responsible for building a 288-strand fiber micro duct within an empty conduit owned by the city which will be fully owned and operated by the city for other needs. This agreement advances Boulder’s goals for a digitally inclusive, economically competitive, and environmentally responsible community, positioning the city as a leader in equitable broadband access. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 2 Packet Page 809 of 903 STAFF RECOMMENDATION Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: Motion to approve and authorize the city manager to enter into, execute, and negotiate administrative amendments prior to or during the term, a 20-year Fiber Backbone Lease Agreement, in substantially the same form as in Attachment A, between the City of Boulder and ALLO Communications LLC, leasing the city’s dark fiber backbone for retail broadband services with the City Council finding that the lease and the construction associated therewith will provide a public benefit to the city of Boulder PUBLIC FEEDBACK City staff recently engaged with Community Connectors to discuss key terms in the ALLO broadband agreement and better understand community priorities. These discussions highlighted the importance of ensuring that broadband services are affordable, accessible, and easy for residents to navigate. Based on this feedback, staff reinforced specific provisions in the agreement with ALLO, including: •Local, Accessible Retail Presence: ALLO will maintain a physical retail space within Boulder that is easily accessible by public transportation and offers convenient hours, ensuring that residents can get in-person assistance with their internet service needs. •Affordability and Transparent Pricing: Staff stressed the need for straightforward, competitive pricing that avoids hidden fees or complex terms. COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS Economic - High-speed, affordable internet is critical for business operations, especially for small businesses, startups, and tech-based companies. ALLO’s presence in Boulder will provide reliable, high-speed fiber-based service at competitive rates, helping local businesses improve productivity, attract customers, and expand their digital operations. Enhanced connectivity may also make Boulder more attractive for companies considering relocation, further boosting the local economy. Environmental - The agreement has been structured to minimize environmental impacts including: •A commitment to a local retail space supports accessibility via public transit, reducing the need for residents to drive. •A commitment to recycling materials wherever feasible during construction, maintenance and upgrades, contributing to reduced landfill waste. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 3 Packet Page 810 of 903 Social - The agreement ensures broadband access is equitable, inclusive, and responsive to community input. The deal ensures accessibility across demographics with provisions for affordable pricing, clear service options, and the establishment of a local retail space make broadband more accessible. OTHER IMPACTS Fiscal - The agreement includes an upfront payment of $1.5 million to the city and ongoing success-based monthly payments. The city will also receive 1.5% of ALLO’s wholesale revenue, contributing to a new revenue stream that will support city projects and infrastructure. No additional funding is required beyond existing budget resources, as the project is designed to be financially sustaining and beneficial to the city’s fiscal health. Staff Time - Staff anticipate continuing oversight and collaboration with ALLO throughout implementation and service. BACKGROUND City Council approved an investment in fiber backbone infrastructure in 2018 as the first of multiple steps to bring high-quality internet services to Boulder. The approach in 2018 was to construct the backbone and, initially, use it to improve connectivity with city sites, traffic signals, and public safety assets. Ultimately, the vision was to either leverage the backbone with a private provider or use it to create a municipal internet utility to deliver affordable fiber-based broadband service to the entire city. A detailed history of Boulder’s Community Broadband efforts can be found in the January 12, 2023, City Council memo. In October 2023, the City Council voted unanimously to authorize the city manager to negotiate an agreement with an internet service provider to help the city fulfill its community broadband objectives. On January 19, 2024, staff issued RFP No. 05-2024 soliciting proposals for retail broadband services leveraging the city’s dark fiber backbone. On March 30, the city received three proposals and after a robust evaluation across multiple dimensions by a cross functional group of staff, ALLO was selected for negotiations. The dimensions that were evaluated for selection included: •ability to achieve the city’s community broadband objectives •favorability of proposed terms •agreement to leverage existing city assets •riskiness of capital sources •experience with similar deployments •quality of references •cost to the city •timeframe of deployment to end users •qualifications of the project team Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 4 Packet Page 811 of 903 Through the summer and fall of 2024 staff worked with ALLO to negotiate terms of a fiber lease agreement that would meet council’s expectations for achieving the city’s community broadband objectives and would be financially feasible for both the city and the internet service provider. Find materials from prior council sessions related to the matter below: •October 23, 2023, City Council Decision Making Meeting •August 24, 2023, City Council Study Session •January 12, 2023, City Council Study Session •August 6, 2019, City Council Decision Making Meeting •April 23, 2019, City Council Decision Making Meeting •June 12, 2018, City Council Decision Making Meeting •May 8, 2018, City Council Study Session •January 9, 2018, City Council Study Session •April 18, 2017, City Council ANALYSIS The Fiber Backbone Lease Agreement between the City of Boulder and ALLO is designed to achieve the City Council’s community broadband objectives and to ensure long-term affordable access to fiber-based broadband internet for all Boulder community members and businesses. Objective: Citywide Access •Expansive Broadband Coverage: ALLO has committed to achieving extensive fiber- based broadband coverage across Boulder, 80% citywide access by 2028 and reaching 97% by 2030. This build-out includes a phased plan to prioritize equitable deployment ensuring areas with low-income housing have reliable access to high-speed internet on the same timeline. •Timely Service Delivery: ALLO agrees to deliver service within 10 days of a request in areas where they have built the required infrastructure. In newly annexed or developed areas, ALLO will expand broadband service within two years. This proactive expansion approach supports Boulder’s vision for comprehensive citywide digital access. Objective: Competitive Marketplace •Affordable and Transparent Pricing: To encourage a competitive broadband market, ALLO will provide services at rates that are equal to or lower than other Colorado markets of greater than 10,000 ALLO customers. All rates are to be fully transparent, with no hidden fees or misleading price structures. This means that community members and businesses in Boulder will benefit from fair, predictable pricing that aligns with best practices in the industry. •Fostering a more competitive marketplace: In Boulder today, nearly two-thirds of community members have only one option for wired broadband service. To these community members and those with two options for wired broadband, the addition of ALLO should support more competitive pricing and strong investments in legacy infrastructure. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 5 Packet Page 812 of 903 •Revenue Generation for the City: ALLO will provide Boulder with an upfront payment of $1.5 million and ongoing monthly payments based on the number of residential ($2.25/subscriber/month) and business ($9/subscriber/month) customers. Additionally, ALLO will remit 1.5% of the revenue earned from wholesale customers. Objective: Equitable and Inclusive Access •Discounted Broadband for Low-Income Households: ALLO will provide a broadband discount of at least $30 per month for qualifying low-income households in Boulder. Qualifying customers will also be eligible for a 100 Mbps service at a net $30 price point in year one – competitive with offerings by neighboring municipal internet providers. The discount program ensures that high-speed internet is affordable for all community members, regardless of income, and supports Boulder’s digital equity goals. •Community-Based Support: The agreement includes a commitment from ALLO to provide 1 Gbps internet speeds free of charge to 25 qualifying non-profit community organizations within Boulder. Eligible organizations, selected by a committee with diverse representation, will include non-profits focused on community well-being. This benefit allows these organizations to better serve community members without adding operational costs for internet service. •College Student Internet Upgrades: Recognizing the importance of accessible digital resources for students, ALLO has committed to providing a no-cost service tier upgrade to all higher education students residing in Boulder. This ensures students have access to robust internet speeds that support their academic and personal needs, further promoting equity within the city. Objective: Future-Oriented Development •High-Speed, Scalable Technology: ALLO’s fiber optic infrastructure is designed to deliver internet speeds of greater than 1 Gbps, with the flexibility to scale up as higher speeds become standard. This infrastructure supports low-latency, high-speed connectivity that meets current and anticipated future demand for data-intensive applications and smart city initiatives. •Sustainable Construction Practices: ALLO has committed to using sustainable materials and energy-efficient technology in its infrastructure, including bioplastics, recycled fibers, and fiber optic systems that consume less energy than traditional coaxial cables. ALLO also aims to recycle materials from infrastructure construction, maintenance and upgrades, aligning with Boulder’s environmental sustainability objectives and reducing the ecological impact of its operations. Objective: Net Neutrality •Commitment to an Open and Unrestricted Internet: ALLO will uphold the principles of net neutrality throughout the term of the agreement. The company is prohibited from favoring or prioritizing certain types of internet traffic over others, ensuring equal access to all applications. This commitment guarantees that all users, businesses, and content providers have unrestricted access to online resources without interference or unfair competition. •No Data Caps or Usage Throttling: The agreement ensures that ALLO will not impose data caps or throttle internet speeds, regardless of data consumption. This Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 6 Packet Page 813 of 903 means that Boulder community members and businesses can access the internet freely and without concern over data restrictions, fostering an environment that encourages creativity, innovation, and economic activity. Objective: Consumer Privacy •High Standards for Data Protection: The agreement strictly prohibits ALLO from the sale, monetization, or exchange of customer data for commercial purposes. All customer information will be used solely for necessary operational purposes, such as billing, service maintenance, and customer support. This approach to privacy aligns with the Colorado Privacy Act, ensuring that customer data is protected in line with the most rigorous standards. •Restrictions on Third-Party Data Access: To further safeguard consumer privacy, ALLO will apply these privacy standards to any contractors or subcontractors working on its behalf. This means that all customer data handling and storage will be secure and restricted to ALLO’s direct operational needs, promoting transparency and consumer trust in the broadband network. Other Key Benefits for the City •Financial Incentives for Future Projects: The agreement offers Boulder direct financial benefits, including a $1.5 million upfront payment, recurring monthly payments based on the number of ALLO accounts, and a share of wholesale revenue. This income supports the city’s financial stability and provides funding that could be allocated toward community programs or future technological investments. •Enhanced Market Competition and Economic Growth: Encouraging a competitive broadband market allows Boulder community members and businesses more choice, with ALLO committing to transparent, affordable pricing. This competitive environment drives economic growth, as businesses and entrepreneurs benefit from reliable, high-speed connectivity without excessive costs. •Digital Equity and Inclusion: Through discounted service options for low-income households and free service to selected community organizations, the agreement promotes equal access to the digital world. This support extends to educational inclusivity with upgrades for student internet access, ensuring that cost is not a barrier to connectivity for community members of all backgrounds. •Environmentally Sustainable Development: ALLO’s sustainable materials commitment and energy-efficient technology align with Boulder’s goals for environmentally responsible development. The fiber network’s adaptability to higher speeds also means it will require less frequent upgrades, further reducing environmental impact over time. •Secure, Future-Ready Digital Infrastructure: ALLO’s robust privacy standards and commitment to net neutrality build a foundation of security and trust for Boulder’s community members. The fiber network’s future-oriented design supports high-speed connectivity now and is prepared to scale as community demand and technological advancements require, positioning Boulder as a leader in digital innovation. The Fiber Backbone Lease Agreement with ALLO sets a strong foundation for Boulder’s digital future, combining broad, affordable access with environmental and social benefits. By meeting the City Council’s objectives for broadband service, the agreement not only fosters Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 7 Packet Page 814 of 903 equity and competition but also strengthens Boulder’s position as a forward-looking, digitally inclusive, and environmentally responsible community. NEXT STEPS If council approves and directs the city manager to execute the Fiber Backbone Lease Agreement, staff will complete the agreement with ALLO. We expect network design work to begin shortly after and construction and service delivery starting in 2025. The city will support the construction process through the right-of-way permit and inspection process, as well as amplifying communications and information from ALLO about its progress. ATTACHMENT A – Fiber Backbone Lease Agreement Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 8 Packet Page 815 of 903 FIBER BACKBONE LEASE AGREEMENT Between CITY OF BOULDER and ALLO Communications LLC Dated _______________, 2024 Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 9 Attachment A - Fiber Backbone Lease Agreement Packet Page 816 of 903 This FIBER BACKBONE LEASE AGREEMENT (this “Agreement”) is made and entered into to be effective this ___ day of _____________ 2024, (“Effective Date”) by and between the City of Boulder, a Colorado home rule municipality, (the “City”), and ALLO Communications LLC, a Nebraska limited liability company (“ALLO”). The City and ALLO are also referred to individually as a “Party” and collectively as the “Parties.” RECITALS A. ALLO provides Telecommunications Services and Broadband Services to households, businesses, and other customers; B. The City is the owner of underground conduit and fiber optic cable in the Public Right of Way comprising its Fiber optic cable “Backbone”; C. The Backbone was designed to support the goal of providing internet bandwidth at speeds of 1 Gbps or more to all Boulder homes and businesses; and, D. The Parties desire to enter into this Agreement for the purpose of establishing the rights and responsibilities for the exclusive use of certain City property by ALLO to provide Telecommunications Services and Broadband Services to residential, commercial, nonprofit, and government customers located within Boulder. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. DEFINITIONS & INTERPRETATION. A. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: “Acceptance Date” means the date on which the Leased Backbone, or portions thereof, are accepted, as evidenced by the Notice of Acceptance. “Acceptance Testing” means those tests conducted on the Leased Backbone by ALLO at the outset of the Term to ensure that the Leased Backbone meets the testing standards set forth in Article VII. “Agreement” means this Fiber Backbone Lease Agreement, which includes this main body and the following exhibits, which are hereby incorporated: Exhibit A – City’s Fiber Backbone (Depiction) Exhibit B – Form of Renewal Amendment Exhibit C – Form of Notice of Acceptance Exhibit D – Construction & Installation Terms & Conditions Exhibit E – Service Level Guarantees Exhibit F – Cable Franchise Agreement Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 10 Attachment A - Fiber Backbone Lease Agreement Packet Page 817 of 903 “ALLO’s Broadband Services” means the Broadband Service ALLO will make available to Persons within Boulder upon ALLO’s completion of Last Mile Infrastructure or portions thereof. “Amendment” means a formal agreement modifying any part of this Agreement between the Parties that is written and signed by the authorized representatives of each Party. “Boulder” means those geographic areas within the city of Boulder, Colorado, city limits. “Boulder Person” means a Person, business, organization, or other entity located within Boulder. “Boulder ALLO Customer” means Boulder Person who is purchasing Broadband Service from ALLO. “Broadband Service” means Broadband Internet Service provided over a Broadband Network. “Broadband Internet Service” means a retail service that transmits and receives data from a customer’s property or determined point of presence to substantially all internet endpoints. The term includes any capabilities that are incidental to and enable the operation of the Broadband Internet Service. “Broadband Network” means the plant (including Fiber), equipment, components, facilities, hardware, and software used to provide Broadband Internet Service at measurable speeds of at least 1 Gbps downstream and 1 Gbps upstream, or at measurable speeds at least equal to the FCC’s definition of high-speed internet access or broadband, whichever is faster, with: (1) sufficiently low latency to enable the use of real-time communications, including voice-over-internet-protocol service; and, (2) either no usage limits or usage limits that are reasonably comparable to those found in urban areas for the same technology. “Business Day” means Monday through Friday, excluding Saturdays, Sundays, and Boulder public holidays. “City’s Design and Construction Standards” means the most recent version of the City of Boulder Design and Construction Standards, (currently found here: Design and Construction Standards and Related Files | City of Boulder (bouldercolorado.gov)) “City’s Fiber Backbone” means the two conduits, the 432 Fiber strands that run through one conduit, and all Network Elements used by the City to connect and complete the City’s Fiber Backbone. The City’s Fiber Backbone was built by the City between 2020 and 2024, comprising approximately 50 route miles and 432 Fiber strands, as depicted in Exhibit A. For the avoidance of doubt, Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 11 Attachment A - Fiber Backbone Lease Agreement Packet Page 818 of 903 the term “City’s Fiber Backbone” does not include Last Mile Infrastructure, Drop Cables, or Customer Premises Equipment. “Community Organization” means a non-profit organization located within Boulder that provides public benefit services directly to Boulder Persons. “Consumer Price Index” means the Revised Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, for United States City Average, All Items (1982-84 = 100). “Customer Premises Equipment” or “CPE” means any Telecommunications Service, Broadband Service or data transmission equipment, devices, or apparatuses, including but not limited to routers, modems, set-top boxes, telephones, network interface units, and other related hardware, that are installed at the End User’s premises location and are intended to facilitate the receipt of Broadband Services provided by ALLO. “Day” means a calendar day regardless of whether it is capitalized. “Drop Cable” means a flexible (either overhead or underground) cable from the distribution tap port on a feeder cable to a junction on the premises of the End User, where it connects to the End User’s CPE, to the extent allowed by the City. “Effective Date” means the date of the last signing Party to this Agreement, and is set forth on the cover page and in the opening paragraph hereof. “E-mail” means an electronic message that is transmitted between two or more computers or electronic terminals. References to “E-mail notice,” “notice by E-mail” or similar phrases herein shall connote only electronic message communication, and not a formal Notice that comports with Article XIV below. “End User” means a Person, other than another provider of Telecommunications Service or Broadband Service, who purchases a Broadband Service from ALLO. “Exchanged Fiber” means the 288 Fiber strands ALLO will be providing to the City once ALLO deploys Fiber within the Second Conduit, as further detailed in Article II.B. “FCC” means the Federal Communications Commission. “Fiber” means a bundle of individual fiber optic cable strands that transmit information using light pulses that travel through glass fibers inside an insulated casing. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 12 Attachment A - Fiber Backbone Lease Agreement Packet Page 819 of 903 “Fiber Cut” means any incident, accident or other event that results in the underlying Fiber being severed, cut or otherwise disabled thereby disrupting the services being provided over that Fiber. “Gbps” means gigabits per second. “Gross Revenue” means all revenue (including cash, credits, or other consideration that is classified as "revenue" under GAAP) arising from, attributable to, or in any way derived directly or indirectly by ALLO or its Permitted Affiliates from the use of the City’s Fiber Backbone to provide dark Fiber or lit services to Wholesale Customers; provided, however, that Gross Revenue shall not include: (i) any taxes, fees or assessments collected by the ALLO from such customers for pass-through to a government entity, including any sales taxes, utility taxes, and any franchise fee or similar payments; (ii) unrecovered bad debt; (iii) credits, refunds and deposits paid to applicable customers; or (iv) any revenue arising from, attributable to, or in any way derived directly or indirectly from services provided to customers outside of the corporate limits of Boulder. “Income-Qualified Boulder Customer” shall mean an Income-Qualified Boulder Person who elects to receive a discounted Broadband Service from ALLO. “Income-Qualified Boulder Person” shall have the meaning set forth in Article V.E. “Initial Rent Payment” means the initial, lump sum payment ALLO will make to the City, as further described in Article IV. “Initial Term” means the initial twenty (20) year Term commencing on the Effective Date. “Last Mile Infrastructure” means all of ALLO’s Fiber, other Network Elements, and connections of necessary infrastructure to provide Broadband Service, beginning at the point of connection to the City’s Fiber Backbone, connecting to ALLO central offices or other ALLO infrastructure needed to provide the Broadband Service (i.e., Fiber-to-the-premises infrastructure), and ending at the network interface point for connection to the Customer Premises Equipment of its End Users. “Leased Backbone” means the Leased Fiber and the Second Conduit. “Leased Fiber” means the 216 Fiber strands of the City’s Fiber Backbone that are leased hereby, as more particularly described in Article II.A. “Monthly Rent Payment” is the recurring monthly payment to be remitted by ALLO to the City, as further detailed in Article IV. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 13 Attachment A - Fiber Backbone Lease Agreement Packet Page 820 of 903 “Network Element” means a facility or equipment used in the provision of a Telecommunications Service or Broadband Service including features, functions, and capabilities that are provided by means of such a facility or equipment, including subscriber numbers, databases, signaling systems, including information sufficient for billing and collection of such elements, and including facilities used in the transmission, routing, or other provision of a Broadband Service. “Notice” or “Notify” means providing a Notice in writing with proof of delivery that complies with Article XIV. “Notice of Acceptance” means ALLO’s written approval that the Leased Backbone, or portions thereof, have passed the Acceptance Testing. “Permitted Affiliate” means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with, ALLO. For purposes of this Agreement, a Permitted Affiliate includes, only, any parent company of ALLO that owns a controlling interest in ALLO, or any subsidiary of ALLO, of which ALLO owns a controlling interest in the subsidiary. “Person” means an individual, corporation, company, association, authority, firm, partnership, society, state, or local government, regardless of whether such entity is operated for profit, or not for profit. “Public Right of Way” means the areas on, below, or above the present or future streets, avenues, boulevards, alleys, viaducts, bridges, roads, lanes, sidewalks, public easements, general utility easements, other areas dedicated or acquired as a right of way available to the public, and similar dedicated easements within Boulder, and extensions and additions thereto. “Renewal Term(s)” means any period of time beyond the Initial Term in which this Agreement is effective, in accordance with Article III.B. “Rent Payment” means the dollar rental payments to be paid by ALLO to the City, as further detailed in Article IV. Rent Payment is inclusive of the Initial Rent Payment and the Monthly Rent Payment. “Second Conduit” means the empty 2-inch conduit leased pursuant to this Agreement, as more particularly described in Article II. “Telecommunications Service” has the same meanings as “telecommunications service” and “telecommunications” found in 47 U.S.C. § 153(53), 47 U.S.C. § 153(50) and § 40-15-102(29), C.R.S. “Term” means the period of time in which this Agreement is in full force and effect, commencing on the Effective Date and ending on termination or expiration of this Agreement. Term includes the Initial Term and any Renewal Term(s). Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 14 Attachment A - Fiber Backbone Lease Agreement Packet Page 821 of 903 “Termination Date” means the date on which this Agreement ceases to be effective, whether due to lapse of the Term or the lawful and rightful termination of this Agreement by either Party. “Transport Services” means lit bandwidth transport services, including broadband transport, virtual private networks, quality of service, and wavelength services. “Wholesale Customer” means any carrier, service provider, or other customer who purchases dark Fiber or lit services from ALLO or its Permitted Affiliates and combines those services with its own capabilities or functionalities to offer dark Fiber or lit services (whether or not in combination with other capabilities and functionalities) to its own customers or end users or to offer Broadband, Telecommunications, Transport Services, or any reasonably similar communications services (whether or not in combination with other capabilities and functionalities) to other carriers, service providers, or customers who then offer such services to other end users. B. Interpretation. 1. Mandatory Language. As used herein, the words “shall,” “must,” “will,” “has a duty to,” “is required to,” and similar terms and phrases of mandate, are terms and phrases of mandate, and refer to imperatives that are required. 2. Permissive Language. As used herein, the words “may,” “can,” “need not,” “should,” and similar phrases are permissive terms, meaning such actions permissible, but not required. 3. “Including,” “Such As,” and “E.g.” As used herein, the word “including” means “including, without limitation,” and the phrase “such as” means “such as, without limitation,” and “e.g.,” means “for example, without limitation.” 4. Headings. The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting any of its content. 5. Plural v. Singular. Words in this Agreement that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the Parties or objects referred to may require. II. LEASED PREMISES & GRANT OF RIGHTS. A. Leased Backbone. The City hereby leases to ALLO on an exclusive basis: • The Leased Fiber, which is comprised of 216 Fiber strands of the City’s Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 15 Attachment A - Fiber Backbone Lease Agreement Packet Page 822 of 903 Fiber Backbone contained in one of the City’s 2-inch Fiber conduits; and, • The Second Conduit, which consists of a single two (2) inch empty conduit that runs along the same route, subject to limited gaps (as described immediately below). The locations of the City’s Fiber Backbone are depicted in Exhibit A, City’s Fiber Backbone (Depiction), with laterals removed. The City covenants and agrees that during the Term of this Agreement it will not enter into any other lease, license, use or other agreement that permits a Person to use any portion of the Leased Backbone. The limitation in the preceding sentence shall not apply to the City-owned Fiber in the first conduit, or the Exchanged Fiber, subject to the limitations as further described in this Article II.C.4. below. B. Fiber Exchange. ALLO agrees to install Fiber through the City’s Second Conduit. The installation will take the form of five (5) micro ducts, each containing 288 Fiber strands. The City will make the Leased Fiber and Second Conduit immediately available to ALLO, so long as ALLO is willing to make available to the City one (1) micro duct within the Second Conduit, comprising 288 Fiber strands, at no cost to the City (i.e., the “Exchanged Fiber”). The Exchanged Fiber, inclusive of its micro duct, shall be wholly owned by the City upon ALLO’s making it available to the City. Accordingly, in addition to the Rent Payments set forth in Article IV, ALLO agrees to provide to the City the Exchanged Fiber, which will contain 288 strands of Fiber in the Second Conduit, at no cost to the City. The Exchanged Fiber will run the same length as the City’s Fiber Backbone network depicted in Exhibit A, being approximately 50 miles. Below is a rendering depicting leasing and exchange facilitated by this Agreement: Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 16 Attachment A - Fiber Backbone Lease Agreement Packet Page 823 of 903 Note: The Second Conduit does not run along a portion of Arapahoe Ave., 15th St. to Folsom St. (~3,200 ft), and Broadway, Spruce St. to Iris Ave. (~6,700 ft). In addition, the City utilized an old conduit for a portion of the route on Baseline Road, and such route will be made available to ALLO by the City if and when the City is able to ensure it obtains unfettered rights to this conduit. The approximate locations of these gaps are depicted in Exhibit A-1, “Second Conduit Gaps.” ALLO’s use shall only connect its Last Mile Infrastructure to the Leased Backbone using commercially reasonable practices that align with industry standards and reasonably protect and preserve the Leased Backbone. This grant is conditioned upon ALLO offering Broadband Service to Boulder Persons in accordance with Article V. This grant is for the duration of the Term. This grant is limited and subject to the terms and conditions of this Agreement. C. Reservations & Understandings. 1. Ownership and Title. The City retains all ownership rights and title to the Leased Backbone, the City’s Fiber Backbone, and each device and component thereof. The City’s lease of the Leased Backbone does not imply or confer any ownership interest in or title to real property, the City’s Fiber Backbone, or Public Right of Way. ALLO shall retain all ownership rights and title to the Last Mile Infrastructure and any Customer Premises Equipment provided by ALLO to End Users, and each device and component thereof; provided, however, that upon Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 17 Attachment A - Fiber Backbone Lease Agreement Packet Page 824 of 903 installation of the Exchanged Fiber and the accompanying micro duct, containing the Exchanged Fiber, will be owned by the City. 2. Permits and Licenses. The City’s lease of the Leased Backbone does not relieve ALLO of any obligations to obtain permits, licenses, or other permissions from any governmental authority, including those permits, licenses, and other permissions of the City required generally by other similarly situated users of Public Rights of Way. 3. Right to Expand & Modify Network. The City may periodically expand and modify the City Fiber Backbone to meet its own needs, as well as those of other service providers. The City agrees to comply with the City’s Design and Construction Standards with respect to the expansion and modification of the City Fiber Backbone, and shall design and implement expansions and modifications in a fashion that minimizes service disruption to ALLO’s Broadband Service. The City agrees to provide at least thirty (30) days’ notice to ALLO of its intention to expand or modify the City Fiber Backbone, and shall make reasonable efforts to coordinate with ALLO when expanding or modifying the City Fiber Backbone to facilitate ALLO’s expansion of its Last Mile Infrastructure, including but not limited to the deployment of conduit in a joint trench. 4. Non-Exclusive. While the City’s lease of the Leased Backbone to ALLO is exclusive, the City reserves the right to lease, license, sell, transfer, convey, share, or otherwise make use of all those portions of the City’s greater Fiber and conduit network which are not part of the Leased Backbone. Nothing in this Agreement limits the City’s right to lease, license, sell, transfer, convey, share, or otherwise make use of the rest of the City’s Fiber, conduit and similar broadband/internet infrastructure. Subject to the terms and conditions herein, the City may construct, install, operate, maintain, repair, disconnect, replace and remove facilities, cable and other equipment associated with the City’s Fiber Backbone. Notwithstanding anything to the contrary contained herein, the City shall not permit the Exchanged Fiber to be used for the provision of Broadband Service or Telecommunications Service to consumer residential or business customers in Boulder. The Parties understand and agree that the restriction in the prior sentence does not prohibit the City from (a) allowing fixed wireless/microcell technology that utilizes the Exchanged Fiber provided the City does so via an arm’s-length transaction over a public solicitation, or (b) from using the Exchanged Fiber for public business and public purposes, which the Parties agree include, subject to the conditions described in this section, at least each of the following: (i) the City’s provisions of broadband/internet service to City-controlled buildings, facilities, equipment, and City-leased properties, whether or not such service may be used by the public or is restricted solely to City-personnel use; (ii) transportation and travel-related internet/broadband services, such as Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 18 Attachment A - Fiber Backbone Lease Agreement Packet Page 825 of 903 street light functionality or support, autonomous vehicles and the prospects of creating an integrated network that relies upon City Fiber for service, including instances where public or private third parties lease or remit payment for such Fiber for the purposes of creating or maintaining autonomous mobility infrastructure or installing; (iii) service to public entities through intra- and inter-governmental partnerships, or similar partnerships with public entities, such as, by way of example and not limitation, Boulder County, the state of Colorado, the University of Colorado, tribal entities, federal governmental bodies, and any other public educational institution, local governmental entity or quasi-governmental entity; and (iv) providing service to any areas, premises, or facilities where, in the event ALLO refuses service, the City elects to provide service. The City agrees to comply with applicable laws concerning procurement and solicitations. 5. Suitability. The City represents that, as of the Effective Date, the City’s Fiber Backbone, including the technology incorporated therein, is suitable and functional for the purpose of providing Broadband Service and advanced IP services such as voice and video. Except for such promises that are explicitly and unambiguously set forth herein, the City makes no representations, warranties, or promises, either implied or expressed, that the City’s Fiber Backbone meets ALLO’s required functional specifications. 6. Subleasing or Licensing by ALLO. ALLO may not sublease, license, sub-license, convey, transfer, trade, or otherwise allow the Leased Backbone to be used by any third party without the prior written permission of the City, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, no such consent shall be required for: (a) a transfer in trust, by mortgage, by other hypothecation; or (b) an assignment or transfer to a corporation, partnership, or other legal entity constituting a Permitted Affiliate. 7. Wholesale Customers of ALLO. In addition to the preceding section, no such consent shall be required for ALLO to use the Leased Backbone to provide wholesale dark Fiber, lit services, Wholesale Customer usage, or any other form of third party use allowed in this Section 7, of the ALLO-owned Fiber provided that: (a) ALLO shall remit to the City a fee in the amount of 1.5% of the Gross Revenue due and owing to ALLO for the provision of dark Fiber or lit services to the Wholesale Customer; or (b) if the Wholesale Customer is a Permitted Affiliate of ALLO, such Permitted Affiliate remains subject to the Monthly Rent Payment terms applicable to ALLO; and (c) that any usage of more than 25% of the total Leased Backbone by a non-Permitted Affiliate is not used for such purposes without the prior written consent of the City, which may be granted or withheld at the City’s sole discretion. For avoidance of doubt, nothing in this Agreement prevents the City from declaring a default due to any bankruptcy proceeding or exercising its rights to appear or Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 19 Attachment A - Fiber Backbone Lease Agreement Packet Page 826 of 903 contest any actions contemplated in any bankruptcy proceeding, foreclosure proceeding, or other proceeding in which an assignment, assumption, transfer, or conveyance of all or part of the leasehold interests may occur. None of the provisions in this section shall permit any foreign company, nor any domestic company controlled by foreign actors, to take or hold any interest in the Leased Backbone over the City’s objection. Except for Wholesale Customers, which are subject to the 1.5% Gross Revenue fees, as described in the paragraph above, any users of the Leased Backbone or ALLO’s owned Fiber in the Second Conduit through ALLO shall be subject to the Monthly Rent Payment fees to the City set forth herein, and no action by ALLO shall attempt to make usage of the Leased Backbone or ALLO’s owned Fiber in the Second Conduit in any manner which obviates or reduces the fees that would otherwise accrue to the City under the Monthly Rent Payment clause (above) were the same to be used solely for ALLO’s provision of Broadband Service. 8. Legacy & Future Fiber & Conduit. As currently constructed, the City’s Fiber Backbone is comprised of one (1) conduit that contains 432 strands of Fiber (of which 216 are leased hereby), and one (1) empty conduit. However, there are also “legacy” segments of Fiber – Fiber which was not part of the 2020-2024 City Fiber Backbone build and for which this Agreement has no effect – and the City anticipates future construction and enhancement of its network. This Agreement has no bearing on either existing legacy segments, future Fiber, conduit, or related components, any of the City’s future infrastructure, or any assets of the City not leased herein III. TERM. A. Initial Term. This Agreement shall commence on the Effective Date of this Agreement, and shall continue for a period of twenty (20) years. B. Renewal Terms. This Agreement may be renewed for up to one (1) additional ten (10) year period (the “Renewal Term”). The Renewal Term shall be subject to approval by the Boulder City Council and applicable law. The Renewal Term shall be governed by the same terms and conditions as are in effect at the end of the Initial Term (other than the Initial Rent Payment, which is only due with respect to the Initial Term), unless revisions are mutually agreed to by the Parties in writing that is signed by each Party. C. Renewal Process. ALLO shall submit a written request to renew this Agreement no less than six (6) months prior to the expiration of the Initial Term, or any Renewal Term, as applicable. The City shall not unreasonably withhold or condition its approval of such renewal. The decision to grant or deny a renewal request shall be based upon the following standards: (1) Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 20 Attachment A - Fiber Backbone Lease Agreement Packet Page 827 of 903 ALLO’s material compliance with the requirements of this Agreement; and (2) ALLO’s material compliance with applicable federal, state and local laws, rules, and policies relating to the Last Mile Infrastructure and its provision of Broadband Service in the City. If the City has not issued a final decision to grant or deny ALLO’s renewal request by the expiration date of the Initial Term or any Renewal Term, ALLO’s rights under this Agreement will automatically extend on a month-to-month basis until the City issues a final decision to grant or deny ALLO’s renewal request. IV. RENT PAYMENT. A. Rent Payments. Rent shall take the form of two payments: an Initial Rent Payment and a Monthly Rent Payments. 1. Initial Rent Payment. No later than sixty (60) Days after the later of (a) Effective Date of this Agreement, and (b) the effective date of an ALLO-City CFA (as defined below in Article XVI), ALLO shall pay the City a single, lump-sum Rent Payment in the amount of one million, five hundred thousand dollars and no cents ($1,500,000.00). 2. Monthly Rent Payments. Throughout the Term, ALLO agrees to pay rent in the amount of two dollars and twenty-five cents ($2.25) per Boulder ALLO Customer that constitutes a “Residential” customer and nine dollars and no cents ($9.00) per Boulder ALLO Customer which constitutes a “Non-residential” customer (collectively, the “Monthly Rent Payment”). ALLO shall not be required to include in the Monthly Rent Payment for any accounts of Income-Qualified Boulder Customers but only if the discount ALLO is providing to such customers is not paid or subsidized (in any amount) by the federal or state government via a program designed to support similarly situated Persons (such as through the Affordable Connectivity Program or comparable program). ALLO shall otherwise include such accounts for purposes of calculating its Monthly Rent Payment. With each Monthly Rent Payment, ALLO shall remit monthly report documentation showing the number of accounts upon which it is based, including, but not limited to, an itemization of the different customer accounts that contribute to the payment amount, an itemization of the accounts that are exempt from the rent payments, and any amounts accruing monthly as a portion of the City’s 1.5% of “Gross Revenue” payment derived from Wholesale Customer services. a. “Non-residential” Customer. For avoidance of doubt, ALLO’s Non-residential customers shall include Boulder ALLO Customers that are not residential customers, excluding any Community Organization (as defined below) that is receiving free Broadband Service from ALLO. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 21 Attachment A - Fiber Backbone Lease Agreement Packet Page 828 of 903 b. Commencement. ALLO shall commence making Monthly Rent Payments beginning on the first month following connection of its first Boulder ALLO Customer. c. Due Dates. ALLO shall remit each Monthly Rent Payment no later than thirty (30) Days following the end of the month for which that Monthly Rent Payment is due. d. Escalation. Commencing on January 1, 2026, and on each January 1 thereafter during the Term, the Monthly Rent Payment shall adjust upwards. Unless the City consents in a writing appearing on City letterhead to a lower fee for the purpose of directly passing along such savings to the community, the adjustment shall be at the annual percentage increase reflected by the most recently published 12-month rate of Consumer Price Index (CPI), rounded to the nearest cent, or, at the City’s sole option and with written notice given to ALLO, an amount lesser than the CPI increase (i.e., unless lower rates are consented to by the City, 2026 Monthly Rent Payment rate = $2.34 ($2.25 x 1.04 (assuming a 4% CPI)) and $9.36 ($9.00 x 1.04), 2027 Monthly Rent Payment rate = $2.43 ($2.34 x 1.04) and $9.73 ($9.36 x 1.04), etc.). B. Submittal. The Initial Rent Payment and Monthly Rent Payments shall be made payable to the City at: City of Boulder Attention: Innovation & Technology PO Box 791 Boulder, Colorado 80306-0791 Or such other ACH or direct payment methods as the Parties may otherwise agree to from time to time. C. Missed and Late Payments. 1. Late Payment Penalty. In the event ALLO fails to remit a Monthly Rent Payment on or by its due date, and ALLO has failed to cure such failure within ten (10) days after receipt of written Notice (E-mail suffices) from the City of its failure to receive such Monthly Rent Payment, ALLO shall pay to the City a “Late Payment Penalty” of five percent (5%) of the amount of any such Monthly Rent Payment that is overdue. 2. Interest on Overdue Rent Payment. Beginning on the sixteenth (16th) Day after a Monthly Rent Payment due date, provided the City has provided ALLO with written Notice (E-mail suffices) of its failure to receive a Monthly Rent Payment when due, such overdue Monthly Rent Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 22 Attachment A - Fiber Backbone Lease Agreement Packet Page 829 of 903 Payment shall bear interest from the due date until paid at an interest rate equal to one percent (1%) per month on the past due balance, compounded monthly. 3. Limit. In no event may ALLO fail to make a Monthly Rent Payment, or any balance thereon, later than ninety (90) Days after the due date, provided the City has provided ALLO with written Notice (E-mail suffices) of its failure to receive a Monthly Rent Payment when due. D. Cable Franchise Agreement Payment. The Rent Payments described herein are in all respects independent of, and therefore in addition to, the payments required by the ALLO-City CFA. None of the benefits to the City delivered through this Agreement shall be considered as value received pursuant to a cable franchise agreement to be credited against the 5% franchise fee. V. SERVICE GUARANTEES. The City leases the Leased Backbone on the condition that ALLO fulfills certain additional requirements designed to facilitate access to Broadband Internet Service throughout Boulder, promotes economic progress and opportunity within Boulder, and to increase the health, welfare, safety, and happiness of its residents and businesses. ALLO’s fulfillment of each of the following requirements, throughout the Term, is a material benefit of the bargain for the City entering into this Agreement. These conditions and terms include each of the following: A. Broadband Network – Boulder-Wide Availability. ALLO will develop its own Last Mile Infrastructure, and will combine such infrastructure with the Leased Backbone, to develop a Broadband Network. The Broadband Network, when fully built-out, will offer low-latency, reliable Broadband Service to Boulder Persons in accordance with the density requirements of the ALLO-City CFA, if any. B. Pricing. For all Broadband Service tiers, ALLO’s pricing will be at rates that are customary and reasonable for comparable Broadband Service in Colorado. ALLO agrees to maintain rates for Boulder Persons that are at or below those ALLO charges any other ALLO equivalent customer (i.e., residential to residential; comparable business to business) in a Colorado market served by ALLO which has a population in excess of 10,000 (not including any governmental fees, charges, or other expenses that are pass-throughs). ALLO agrees its Broadband Service will have no hidden fees, and that all costs will be published and available to Boulder Persons. ALLO will not use pricing methods that are designed to induce Boulder Persons to become customers only to incur substantial price increases, unexpected or undisclosed add-ons, or any other form of misleading or concealing pricing practice. ALLO agrees not to charge installation costs for its Broadband Service within Boulder except to the extent authorized by any ALLO-City CFA. The City understands and Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 23 Attachment A - Fiber Backbone Lease Agreement Packet Page 830 of 903 acknowledges that: (1) ALLO may, from time-to-time, apply reasonable annual rate increases upon Boulder ALLO Customers, so long as such increases maintain the market rate restriction identified earlier in this paragraph; or (2) preserve ALLO’s ability to lawfully pass through any governmental fees or governmental charges (including but not limited to those related to, necessitated by, or authorized by virtue of, this Agreement) to Boulder ALLO Customers. The City further acknowledges and agrees that ALLO’s current rates for its customers in other municipalities in Colorado as of the Effective Date are customary and reasonable. C. City-Wide Offering. ALLO acknowledges that a significant objective of the City in leasing the Leased Backbone is to encourage competition and increase Broadband Service availability throughout Boulder. Accordingly, ALLO agrees as follows: 1. Last Mile Infrastructure Build-Out Guarantee – 80%. On or by December 31, 2027, or the date thirty-six (36) months after the Effective Date of this Agreement, whichever is later, ALLO shall have sufficiently constructed its Last Mile Infrastructure to make Broadband Service available to eighty percent (80%) of Boulder Persons. This coverage guarantee will be assessed by dividing the number of addresses within Boulder that have Broadband Service available to them through ALLO as of the date above by the total addresses within the City as of the Effective Date, excluding University of Colorado-owned facilities and other non-business and non-residential enterprises or institutions. Notwithstanding the foregoing two sentences, any factor outside of ALLO’s control, which concerns the failure by the City to timely issue/approve permits, inspect permit work, or to otherwise create delay, or is caused by a Force Majeure event, the City shall waive this obligation for the period of time it reasonably determines ALLO is making commercially reasonable efforts to comply for those addresses for which the coverage is delayed. a. ALLO agrees that its initial build-out will include a phased approach that builds to lower-income areas (e.g., areas with a high potential for Income-Qualified Boulder Customers) at approximately the same rate as it builds to high-income or more lucrative areas of Boulder. ALLO agrees to work with City staff in good faith to plan the build-out such that this phasing objective is met. See Exhibit E for further details on phasing and the build-out approach. 2. Last-Mile Build-Out Guarantee – 97%. On or by December 31, 2029, or the date sixty (60) months after the Effective Date of this Agreement, whichever is later, ALLO shall have sufficiently constructed its Last Mile Infrastructure to make Broadband Service available to ninety-seven percent (97%) of Boulder Persons. Assessment of the coverage guarantee will occur as set forth in 1. above. Notwithstanding the Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 24 Attachment A - Fiber Backbone Lease Agreement Packet Page 831 of 903 foregoing two sentences, any factor outside of ALLO’s control, which concerns the failure by the City to timely issue/approve permits, inspect permit work, or to otherwise create delay, or is caused by a Force Majeure event, the City shall waive this obligation for the period of time it reasonably determines ALLO is making commercially reasonable efforts to comply for those addresses for which the coverage is delayed. 3. New Addresses & Annexed Areas. In the event the City annexes any new areas in the City or, if for any reason, there are a significant number of new addresses built within Boulder, ALLO agrees to use commercially reasonable efforts to make Broadband Service available to such areas within two (2) years from the date of construction or availability. 4. Low-Income Residential Community Build-Out Guarantee. On or by December 31, 2029, ALLO will make Broadband Service available for Persons located in Income-Qualified Boulder Persons addresses, as well as at any additional locations ALLO is capable of providing such service to using its Last Mile Infrastructure. 5. Provider of Last Resort. In the event the City identifies areas or addresses within the Boulder city limits as of the Effective Date for which a Broadband Service provider is not available, ALLO agrees, if requested by the City, to serve as a provider of last resort. Upon such request, ALLO agrees to use commercially reasonable efforts to make Broadband Service available to such areas or addresses pursuant to ALLO’s standard terms and conditions for service. In the event Broadband Service availability would necessitate substantial expenditure by ALLO, the City may request, and ALLO shall, within thirty (30) days of such request, an itemized listing of the projected costs. Upon ALLO’s provision of the same, the City shall have the option to direct ALLO to complete the work, and, upon completion, the Parties shall treat such work as an in-kind donation to the City that will entitle ALLO to, at ALLO’s option, either (a) a dollar-for-dollar credit on its Monthly Rent Payment in the amount of the itemized costs to complete the work, or (b) reimbursement for the amount equal to the itemized costs to complete the work. 6. “Available” Defined. For purposes of the Last-Mile Build-Out Guarantees above, “available” means capable of having ALLO Broadband Service delivered within ten (10) Days of the Boulder Person requesting Broadband Service. Broadband Services are “available” only if Boulder Persons requesting service are in an area in which ALLO has legal access to the service the location following ALLO’s good faith and reasonable efforts to obtain legal access. Areas for which ALLO cannot obtain legal access shall not be counted for purposes of determining ALLO’s coverage guarantees. The Parties anticipate such areas will include less than 2% of the total addresses within Boulder. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 25 Attachment A - Fiber Backbone Lease Agreement Packet Page 832 of 903 a. Beginning one (1) year after the Effective Date, ALLO agrees to provide a written quarterly report to the City that includes the areas and locations in which it believes it has achieved Broadband Service availability, including the total number of addresses served and the “PONS” served pursuant to the Project Plan (as defined in Exhibit D). 7. Failed Build-Out. In the event ALLO fails to meet any of the “buildout guarantees” – see subsections “1,” “2,” and “4” of this subpart “C” above – the Parties agree to confer in good faith to discuss the reasons for such failures. If City staff determine ALLO has proceeded with expedition and that such failures are reasonable in light of circumstances or developments, City staff may authorize one or more limited extensions of time with respect to one or more of the buildout guarantees, not to exceed 180 days in length each. Such an extension shall only be authorized if ALLO confirms, in writing, that the extended buildout guarantee can and will be met on or by the extended time frame, though the City may condition any such extension upon additional conditions, understandings, or contractual clarifications, as the City determines may be prudent. This subpart C.7. is a condition prerequisite for the City’s right to terminate under this Agreement due to a failure by ALLO to meet the build-out guarantees, but is otherwise in all respects non-exclusive to rights and remedies of the City hereunder. D. Service Guarantees. Throughout the Term, ALLO agrees to offer Broadband Service to all Boulder Persons on commercially reasonable terms customary to the industry. ALLO agrees that this service guarantee ensures that, at a minimum, ALLO will maintain and consistently apply service terms that meet the following minimum requirements: See Exhibit E, ALLO’s Service Level Guarantees. E. Discounted Service to Income-Qualified Boulder Persons. Throughout the Term, ALLO agrees to offer a low-cost option for ALLO’s Broadband Services to Income-Qualified Boulder Persons. ALLO commits to participate in the Affordable Connectivity Program (ACP) or any replacement program offered thereafter that seeks to achieve substantially the same benefits with substantially the same eligibility guidelines for the Term of this Agreement. In the event an ACP replacement program becomes available during the Term, ALLO agrees to participate in the program as soon as reasonably possible. In the event the ACP is disbanded and there is no comparable federal replacement program available at any point during the Term, ALLO agrees to offer a low-cost option for Broadband Service to all Income-Qualified Boulder Persons. Such discount – at all times, whether or not the ACP or any comparable program is available – shall be no less than a $30 per month discount per account for Income-Qualified Boulder Persons or such greater amount of discount as may be provided for under the ACP or any subsequent, federally-available comparable program. ALLO will always offer a Broadband Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 26 Attachment A - Fiber Backbone Lease Agreement Packet Page 833 of 903 Service tier level (i.e., minimum speed meeting the definition of “broadband” under federal regulation) of service available for use by Boulder Persons. This $30 discount represents a minimum benefit; in the event the ACP or any replacement program provides a greater benefit, broader eligibility, or greater general benefit to consumers, ALLO agrees to enroll and provide such benefits to Boulder Persons. 1. Eligibility. Unless otherwise provided for in the rules of the ACP or applicable replacement program, Income-Qualified Boulder Persons mean those individuals who are: (a) located within Boulder; and, (b) are currently receiving financial assistance through a government program, including but not limited to the following: • Free and Reduced-Price School Lunch Program or School Breakfast Program, including at U.S. Department of Agriculture (USDA) Community Eligibility Provision schools • SNAP • Medicaid • Federal Housing Assistance, including: o Housing Choice Voucher (HCV) Program (Section 8 Vouchers) o Project-Based Rental Assistance (PBRA)/Section 202/Section 811 o Public Housing o Affordable Housing Programs for American Indians, Alaska Natives or Native Hawaiians • Supplemental Security Income (SSI) • The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) • Veterans Pension or Survivor Benefits • Lifeline Support for Affordable Communications program 2. Discount Amount. The discount will take the form of a monthly discount for at least one ALLO Broadband Service package. The discount shall be reasonably similar to the discount formerly allowed or required under the ACP or any subsequent replacement program. Upon confirmation of eligibility, such discounted package shall be offered automatically to such Income-Qualified Boulder Customer for so long as such customer remains eligible. 3. Certification of Income-Qualified Boulder Persons. The total number of customers receiving this discount shall be capped at 6,481. ALLO will consider the 5,185 addresses (the “Income-Qualified Addresses”) identified by ALLO and the City on the Effective Date as being “pre-qualified” for the low-income discount. ALLO will prospectively market Broadband Service and the discount to these addresses. Additionally, ALLO will utilize a commercially reasonable process to certify additional Income-Qualified Boulder Persons throughout the City and Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 27 Attachment A - Fiber Backbone Lease Agreement Packet Page 834 of 903 will provide the discount to additional Boulder ALLO Customers who do not reside in Income-Qualified Addresses. ALLO and the City will adopt a mutually agreeable process to certify the number of Income-Qualified Boulder Customers and Income-Qualified Addresses at least annually. ALLO and the City commit to engaging in good-faith discussions throughout the Term to evaluate the low-income discount process. The Parties agree to evaluate the discount amount to ensure it serves its intended purpose of offering a significant subsidy to Income-Qualified Boulder Customers and is otherwise reasonably comparable in amount to other similarly situated Colorado providers of Broadband Service. The Parties acknowledge and agree that the total number of non-Income-Qualified Addresses receiving the discount is not expected to exceed a number equal to 20% of the number of Income-Qualified Addresses. Should the number of non-Income Qualified Addresses receiving the discount exceed this number, ALLO and the City commit to engaging in good-faith negotiations to amend this section in order to prevent fraudulent or abusive overutilization of the discount. 4. Equivalent Service Levels. ALLO will not, for the selected tier, reduce the speeds, bandwidth, reliability, customer service, installation service, or maintenance response times for Income-Qualified Boulder Customers, will devote equivalent resources to Income-Qualified Boulder Customers, and will otherwise afford Income-Qualified Boulder Customers with the equivalent level of service for such tier as its other residential customers. 5. Implementation. ALLO will coordinate and work with the City on outreach, marketing, branding, and publication of this discount program. The City shall have full right and authority to advertise and market this benefit to Boulder Persons, subject to ALLO’s right to approve the written materials and electronic information to be provided to the City to ensure its accuracy, which approval shall not be unreasonably withheld or delayed. In addition, ALLO shall undertake reasonable efforts to inform Boulder Persons and Boulder ALLO Customers of the opportunity to receive this benefit. 6. Storefront. ALLO agrees to use best efforts to maintain at least one physical storefront to serve the community that is within walking distance of public transportation and which maintains at least some hours of availability each week that are suitable for workforce members with diverse hours. F. Free Student Upgrade. ALLO shall provide all higher education students residing in Boulder the option to upgrade their service level tier at no additional charge. ALLO agrees the upgrade will be consistent with ALLO’s other service tier offerings within Boulder. The City acknowledges that ALLO will have the right to apply and oversee its own eligibility process, which may include requiring that students submit proof of their eligibility and, further, Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 28 Attachment A - Fiber Backbone Lease Agreement Packet Page 835 of 903 that the upgrade may be limited by ALLO to one active account and location per eligible student, may be restricted to the location at which the student actively resides, and may necessitate annual renewals or proof of eligibility; provided, however, that ALLO agrees that such eligibility process shall be limited to such process as is reasonably necessary for ALLO to avoid fraud or illegitimate claims for the upgrade by non-students. ALLO agrees that the upgrade will be available to students for any tier of service offered by ALLO to Boulder Persons. ALLO agrees to actively promote the upgrade on its primary webpage for Boulder Persons. In the event ALLO decides to change this upgrade at any point in the future, ALLO agrees to ensure such change shall provide a benefit of substantially similar value as that described. G. ALLO Community Connections. ALLO shall provide at least twenty-five (25) qualifying Community Organizations with Broadband Service at ALLO’s standard 1 Gbps upload and download Broadband Service offering. The service shall be provided for no recurring monthly fee and for no construction fee for a period of three (3) years from the date of activation of the service. Participation in the program by any Community Organization shall be subject to reasonable evaluation by the ALLO, as guided by a reasonably diverse advisory committee of Boulder Persons. ALLO and the advisory committee will consider the following factors in selecting the Community Organizations: 1. The proximity of the Broadband Network to the Community Organization within a defined geographic area where ALLO is offering Broadband Services; 2. The reasonable technical requirements and cost considerations; 3. The qualification and good standing as a non-profit organization under certain provisions of the Internal Revenue Code; and 4. Applicable program eligibility requirements, which shall include all of the Community Organization’s other data, Telecommunications Services, and video services, if any, will be provided by ALLO at its standard commercial rates. Following the initial three (3) year service term, the Community Organization may continue to subscribe to some or all of the Services that ALLO offers to similar Boulder Customers at then-current rates for such services. In relation to the ALLO Community Connections program, the City understands and acknowledges that ALLO’s design and construction plans will be based on optimal deployment of the Broadband Network for residential and commercial services. ALLO’s adherence to the requirements in this “Community Connections” section will begin three (3) years after the Effective Date and continue throughout the remainder of the Term. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 29 Attachment A - Fiber Backbone Lease Agreement Packet Page 836 of 903 H. Data Cap & Throttling Prohibition. Throughout the Term, ALLO agrees not to impose data caps, throttling, or other means of limiting usage or service due to a Boulder ALLO Customer’s exceeding allowed usage. This restriction shall include a prohibition on charging additional fees, costs, or amounts once data thresholds are exceeded. I. Minimum Speed Offerings. Throughout the Term, ALLO agrees to offer Broadband Service that includes at least one service tier of speed to Boulder Persons that meets or exceeds 1 Gbps download and 1 Gbps upload. ALLO agrees to offer this level of service at pricing that is reasonable and customary within the Colorado broadband market. In the event speed tiers exceeding 1 Gbps download and 1 Gbps upload become common or customary within the Colorado broadband market, ALLO agrees to offer at least one (1) service tier that meets those higher speeds of common or customary service. J. Net-Neutrality Guarantee. Throughout the Term, ALLO will deliver competitive, unfettered Broadband Internet Service that does not impose caps or usage limits on one use of data over another. ALLO will not discriminate among application providers (e.g., data, voice, video, cloud services) and will ensure all such providers are equally able to provide services. K. Consumer Privacy. Throughout the Term, ALLO will prioritize consumer privacy for Boulder ALLO Customers. ALLO shall not sell, commercialize, monetize, or exchange for value the personal information of Boulder ALLO Customers. ALLO’s use of Boulder ALLO Customer data shall be restricted to those uses necessary to provide, market, and bill for Broadband Service and other services to Boulder ALLO Customers, as well as those uses necessary to track customer experience and satisfaction, to maintain and repair the Last Mile Infrastructure, and to evaluate and improve its Broadband Network and Broadband Service offerings. ALLO’s use of Boulder ALLO Customer data shall in all respects conform with applicable privacy laws, rules, and regulations, as now or hereafter enacted, including the Colorado Privacy Act, § 6-1-1301, et seq., C.R.S., and its implementing regulations (see Colorado Privacy Act Rules, 4 CCR 904-3), and, subject to these limitations, ALLO’s privacy policy as in effect from time to time. This restriction extends to any contractors and subcontractors of ALLO, whom ALLO agrees to monitor and control for purposes of the same. L. Environmental Guarantees. In addition to those environmental and sustainability requirements and guarantees contained elsewhere in law, the Boulder Revised Code, City policy, permitting standards, and the City’s Design and Construction Standards, ALLO agrees to use commercially reasonable efforts: 1. to utilize Fiber optic cable technology, or substantially equivalent future energy-approved technology, designed to reduce energy consumption and maximize energy efficiency relative to coaxial cable Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 30 Attachment A - Fiber Backbone Lease Agreement Packet Page 837 of 903 technology; 2. to make good faith efforts to utilize sustainable materials, such as utilizing bioplastics and natural fibers, for its construction within Boulder; 3. to, whenever feasible, recycle materials removed from its Last Mile Infrastructure; and 4. to maintain policies and procedures designed to anticipate, assess, mitigate, and avoid social and environmental risks associated with its Last Mile Infrastructure. VI. LIMITATIONS ON USE OF LEASED BACKBONE. A. Use in Accordance with Law. ALLO shall not use the Leased Backbone in violation of any applicable law, rule, ordinance, regulation or order of any governmental authority having jurisdiction unless both: (1) the validity thereof is being contested in good faith and by appropriate proceedings; and (2) the City determines, in the City’s reasonable opinion, that continuation of such use while the proceedings are pending does not involve any risk of the forfeiture, or loss of the Leased Backbone or any portion of the City’s Fiber Backbone, or any license or permission to operate the same or any portion therein. ALLO’s use of the Leased Backbone shall in all respects be in material compliance with applicable laws, rules, regulations and orders of the FCC. B. Public Right of Way. ALLO shall not unreasonably interfere with Public Rights of Way, public utility easements, or public service easements without permission. C. Interferences. ALLO shall not engage in any activity that unreasonably interferes with the City’s rights and obligations to design, construct, operate, monitor, manage, maintain, repair, or modify the City’s Fiber Backbone. VII. TESTING & ACCEPTANCE. At the outset of the Term, the City agrees to provide a Leased Backbone that is Functionally Operational and in Good Working Order, as defined below in subsection A.3., and the City has confirmed Fiber used in the construction of the City Backbone is G.652.D compliant. To confirm this, the Parties agree to the following testing and acceptance procedures. A. Testing. ALLO is responsible for completing any testing of the Leased Backbone which it deems necessary or prudent to evaluate the Leased Backbone. ALLO shall have all responsibility for proofing the Leased Fiber and Second Conduit, and otherwise ensuring it is capable of operating a Broadband Network without additional cost or effort by the City. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 31 Attachment A - Fiber Backbone Lease Agreement Packet Page 838 of 903 1. Timing. ALLO agrees to complete all testing within thirty (30) Days of the Effective Date. 2. Process. Testing or other inspection of the Leased Backbone by ALLO will be conducted by methods and on a schedule proposed by ALLO and agreed upon by both Parties, and such agreement not to be unreasonably withheld, conditioned, or delayed. Testing or other inspection of the Leased Backbone by ALLO shall not interfere with the integrity of or interrupt the operation of other collocated Fiber or conduit which are not part of the Leased Backbone at any time. ALLO shall not complete any splicing to the Leased Fiber or other alteration of the Leased Backbone or its configuration prior to completion of the Notice of Acceptance. 3. Standard. The standard for acceptance of the Leased Backbone shall be whether the Leased Backbone is “Functionally Operational and in Good Working Order.” The Parties agree that the Leased Backbone meets this standard if it satisfies each of the following criteria: a. The measured optical power loss for each existing fusion splice between strands in the Leased Fiber shall not exceed 0.2 dB at 1310 nm or 1550 nm wavelengths as a bi-directional average; and b. The measured optical power attenuation for the fiber strands in the Leased Fiber shall not exceed 0.35 dB/km at the 1310 nm wavelength or 0.25 dB/km at the 1550 nm wavelength; and c. The Second Conduit is continuous between existing access points as documented in the City’s as-built documentation and as demonstrated by manipulation of an existing mule tape or pull string, is readily identifiable at existing access points, and is free of obstructions, kinks, perforations, breaks, or other damage. 4. Resolutions. a. Minor Deficiencies. In the event of minor deficiencies in power loss or other functionality of the Leased Backbone, both Parties will use good faith, commercially reasonable efforts to resolve any problems and/or provide alternatives or changes to produce test results that are acceptable to both Parties. b. Significant Deficiencies – Small Portion of Network. In the event of a significant deficiency affecting a small portion of the Leased Backbone, the City agrees to suspend its ability to collect the Monthly Rent Payment for that portion of the Leased Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 32 Attachment A - Fiber Backbone Lease Agreement Packet Page 839 of 903 Backbone until the deficiency is resolved. Thereafter, both Parties will use good faith, commercially reasonable efforts to resolve any problems and, if necessary, the City agrees to either complete construction or repair work necessary to ensure the Leased Backbone with significant deficiencies can pass testing, or lease to ALLO a different portion of Fiber that will pass testing. For purposes of this subsection, significant deficiencies affecting less than ten percent (10%) of the total Leased Backbone shall constitute a “small portion” of the Leased Backbone. c. Significant Deficiencies – Substantial Portion of Network. In the event of a significant deficiency affecting a substantial portion of the Leased Backbone, the City agrees to suspend its ability to collect the Monthly Rent Payment for that portion of the Leased Backbone until the deficiency is resolved and ALLO may, in its discretion, either: (i) declare this Agreement terminated without penalty; or (ii) work with the City to use commercially reasonable efforts to resolve any problems and, if necessary, the City agrees to either complete construction work necessary to ensure the Leased Backbone with significant deficiencies can pass testing, or lease to ALLO a different portion of Fiber that will pass testing acceptable to ALLO. For purposes of this subsection, significant deficiencies affecting ten percent (10%) or more of the total Leased Backbone shall constitute a “substantial portion” of the Leased Backbone. If ALLO elects to terminate this Agreement as provided in this subsection and such termination occurs within two (2) years of the Effective Date, the City shall refund the Initial Rent Payment to ALLO within thirty (30) days of the effective date of termination. d. Limitations on City’s Resources. Nothing in this section shall require that the City undertake any work to resolve deficiencies which will exceed $100,000 in combined costs. In the event work would necessitate the City to incur such costs and the City elects not to undertake such work, ALLO shall have the right to terminate this Agreement without penalty. If ALLO elects to terminate this Agreement as provided in this subsection and such termination occurs within two (2) years of the Effective Date, the City shall refund the Initial Rent Payment to ALLO within thirty (30) days of the effective date of termination. B. Acceptance. 1. Notice of Acceptance. If the Leased Backbone is accepted, ALLO will issue a “Notice of Acceptance” in substantially the form contained in Exhibit C, Form of Notice of Acceptance. To the extent Notice of Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 33 Attachment A - Fiber Backbone Lease Agreement Packet Page 840 of 903 Acceptance is not provided with respect to the entire Leased Backbone, ALLO agrees to ensure each Notice of Acceptance describes, with sufficient detail, the portion of Leased Backbone to which the notice relates. ALLO shall include an Acceptance Date that is dated at or near the time of ALLO’s issuance of the Notice of Acceptance. So long as an issued Notice of Acceptance includes only the information left blank in the attached form, and does not contain terms or conditions or otherwise attempt to modify the terms herein, any such issued Notice of Acceptance shall be deemed incorporated into this Agreement upon issuance. 2. Timing. ALLO agrees to issue its Notice of Acceptance (or each Notice of Acceptance, to the extent testing and acceptance occurs in phases), within ten (10) Business Days of testing that demonstrates the tested Fiber is Functionally Operational and in Good Working Order. VIII. CONSTRUCTION. The terms of this Article VIII are applicable to all construction, installation, boring, repair, excavation, and other forms of infrastructure creation and maintenance. A. Last Mile Infrastructure. Except as specifically set forth herein, ALLO is responsible for providing all Network Elements necessary or desired by ALLO to enable it to provide Broadband Services in accordance with this Agreement. As the sole owner of its Last Mile Infrastructure, ALLO acknowledges responsibility for the installation and maintenance of the Network Elements comprising its Last Mile Infrastructure. ALLO shall have sole authority and responsibility for permits, inspections and inspection-related cost for its construction activities. B. Design and Construction Standards – Public Right of Way. ALLO shall comply with all of the construction, restoration, inspection, and maintenance procedures and requirements set forth in the City’s Design and Construction Standards and other City laws pertaining to the use of and work in the Public Right of Way. For all work that requires access to the Public Right of Way, ALLO shall obtain permission via an approved Right of Way Permit. Prior to installing any infrastructure in the Public Right of Way, ALLO agrees to submit applications for permits to perform work in the Public Right of Way that meets the requirements of Chapter 8-5, “Work in the Public Right of Way and Public Easements,” B.R.C. 1981, and to adhere to those requirements, terms, and conditions under the Boulder Cable Code, Chapter 11-6, B.R.C. 1981. ALLO acknowledges and agrees to adhere to all permit conditions for entry, use, maintenance, and construction within the Public Right of Way, including paying such fees and adhering to such conditions, regulations, and requirements as may be reasonably imposed by the City in accordance with its ordinary management of the Public Right of Way. ALLO and the City acknowledge Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 34 Attachment A - Fiber Backbone Lease Agreement Packet Page 841 of 903 and agree that, subject to the City’s reasonable discretion, ongoing review and applicable law, (1) no permit is required for work that is solely outside of the Public Right of Way or applicable easements, and (2) the City may do bulk permits on an area basis exclusively for Drop Cable work where (a) there is no disturbance of hardscape infrastructure (e.g., concrete or asphalt), (b) the work does not involve any lane closures, shoulder closures, traffic controls, construction staging across roadways, or otherwise impact the normal flow of vehicular or pedestrian traffic in a particular area, and (c) other providers would be afforded the same rights under similar circumstances. C. Locates & Avoidance of Damaging Other Infrastructure. ALLO shall comply with all applicable laws, regulations, rules, and guidelines designed to locate and prevent damage to underground facilities, including the “Colorado 811 laws,” see, e.g., §§ 9-1.5-101, et seq., C.R.S., and rules and requirements of the Colorado Safety Commission promulgated thereunder, to locate underground facilities, notify affected or potentially affected infrastructure owners, and protecting underground infrastructure. ALLO shall be solely responsible for all costs and expenditures associated with this compliance, as well as for any repairs or remediation action necessary to address harm caused by ALLO, its contractors, subcontractors, and agents. D. Installation and Acceptance of Fiber in City Conduit. In addition to the City’s Design and Construction Standards, ALLO shall install and attach its Last Mile Infrastructure to the Leased Backbone in accordance with Exhibit D, Construction & Installation Terms & Conditions. E. Attachment to Leased Backbone. Subject to the terms herein, ALLO shall have sole authority and responsibility for designing its Last Mile Infrastructure and completing attachment and integration with the Leased Backbone; provided, however, that the Parties agree that in order to protect and maintain the integrity of the City’s Fiber Backbone, the Leased Backbone, and the interconnected facilities and equipment, the City will have the right to monitor installation and connection of ALLO’s Last Mile Infrastructure to the Leased Backbone if so desired by the City. F. City’s Fiber Backbone – As-Builts. If requested by ALLO, the City will provide ALLO with the location depictions available to the City for the Leased Backbone via as-built drawings of the City’s Fiber Backbone. ALLO relies upon these drawings at its own risk, and the City makes no warranties or guarantees as to the accuracy or completeness of these drawings. G. Permits & Permissions. Prior to all construction that implicates the Leased Backbone, the City’s Fiber Backbone, or the Public Rights of Way, ALLO shall possess all necessary permits, licenses, inspections, certificates, or authorizations required of any governing body or entity. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 35 Attachment A - Fiber Backbone Lease Agreement Packet Page 842 of 903 H. Private Property Rights. ALLO shall obtain all rights needed to enter into private property prior to entry on such property. I. Hazardous Materials. ALLO shall comply with all applicable laws, regulations and rules governing hazardous materials. ALLO shall be solely and fully responsible for the reporting of all hazardous material releases that are required to be reported to the appropriate agency(ies), when such releases are caused by, or result from, ALLO’s activities or by anyone under its direct control or doing work on its behalf. ALLO shall take all necessary precautions to prevent any hazardous materials used by ALLO or by anyone under its direct control or doing work on its behalf, from entering any storm or sewage drain system or from being released within the Public Rights of Way, and shall be solely responsible for any cleanup and/remediation required by any federal, state or local agency. J. Recurring Access. Subject to the City’s regular permitting and Public Right of Way access terms and conditions, the City shall at all times during the Term provide ALLO and any other party acting on ALLO’s behalf with reasonable access to the Leased Backbone for the purposes of construction, installation, repair and maintenance. The City shall promptly cooperate with ALLO’s and any third party’s request for access and such parties shall reasonably cooperate with any of the City’s reasonable physical, technical, and administrative safeguards applicable to the Leased Backbone, as well as all City codes, policies, and regular requirements. IX. MAINTENANCE. A. ALLO Maintenance, Repair, Relocation, & Locate Services. 1. Responsibility. For all portions of the City’s Fiber Backbone, ALLO shall, at its sole cost, provide repair and maintenance services, and shall serve as the principal responsible entity for the maintenance and repair of the City’s Fiber Backbone. This responsibility applies to both conduits and all Fiber contained in the conduits along the City’s Fiber Backbone. ALLO’s maintenance shall include such maintenance as is ordinary and customary in the Broadband Services industry of a Fiber owner seeking to maximize the useful life, reliability, and service speeds of its Fiber. This responsibility shall not prevent the City from conducting such construction, improvements, and expansion as the City, in its sole discretion, deems necessary or prudent with respect to the Leased Backbone, or from providing maintenance or repair service to the Leased Backbone if ALLO has failed to maintain the Leased Backbone as required by the terms hereof. All maintenance and repair work shall be subject to applicable laws and City right of way access, use, repair, and remediation requirements, and confers ultimate responsibility on ALLO to provide all maintenance, locates, and relocation services necessary or appurtenant to ownership of a Broadband Network, such as completing locates and facilitating any Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 36 Attachment A - Fiber Backbone Lease Agreement Packet Page 843 of 903 relocations that are necessary. ALLO agrees to use commercially reasonable means to conduct all maintenance work necessary or customary to maintain the City’s Fiber Backbone, including its full capabilities and functionality, fulfill legal requirements governing location, relation, and service to the City’s Fiber Backbone, and respond to service outages, slices, breaks, defects, damages, or malfunctioning Fiber, in an expeditious manner. In the event testing or use reveals that any portion of the infrastructure’s functionality remains suboptimal, ALLO agrees to undertake such additional repairs, replacement, and testing as is needed to fully restore the functionality to capabilities commensurate with direction from Fiber infrastructure management services partner. ALLO’s maintenance responsibilities are further described in Exhibit D, Construction & Installation Terms & Conditions. 2. Standard of Care; Cooperation. In performing its maintenance services, ALLO shall take workmanlike care and make commercially reasonable efforts to prevent impairment to the signal continuity and performance of the City’s Fiber Backbone, the Leased Backbone and the Last Mile Infrastructure. In addition, ALLO shall reasonably cooperate with the City in sharing information and analyzing the disturbances regarding the cable and/or Fiber facilities. 3. Management Services Firm. The City intends to contract with a Fiber infrastructure management services partner to coordinate its operations in the areas of maintenance, repair, and relocation. This management services partner will deploy and manage field services resources as needed from a pre-contracted vendor pool of qualified Fiber service providers to complete appropriate scopes of work at the direction of the City. It is anticipated that this management services partner will help the City manage and monitor the City’s Fiber Backbone. ALLO agrees to, for so long as the City has a management services partner, to work through or with the City’s selected management services partner, and to otherwise adhere to any standard communication, ticketing system, response times, service level terms, work inspection and approval criteria and processes, and notice processes required by that provider and determined in conjunction with the City. In the event the City does not have, or no longer has, a management services partner who serves in this role, ALLO agrees to work with City staff in the same fashion. a. Management Service Firm Coordination. For any work on the City’s Fiber Backbone, ALLO agrees to communicate with the City’s selected management services firm, including adhering to any standard communication, ticketing system, response times, service level terms, work inspection and approval criteria and Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 37 Attachment A - Fiber Backbone Lease Agreement Packet Page 844 of 903 processes, and notice processes required by that provider. Notwithstanding the foregoing sentence, ALLO shall not be required to receive prior authorization from the City’s management services partner prior to conducting emergency repairs or maintenance to any portion of the Leased Backbone, though ALLO will still need to adhere to all other procedures related to emergency work that are required by applicable law, including notification requirements and Section 8-5-16, B.R.C. 1981. If requested by the City, ALLO agrees to use the communication method facilitated by the management services firm, including prompt notice to the City or its management service firm as soon as practicable. 4. Non-Exclusive – City Right to Repair & Maintain. Although ALLO is charged with repair and maintenance of all of the City’s Fiber Backbone, nothing in this Agreement shall (a) require that the City use ALLO for repairs, maintenance, or locate work on those portions of the City’s Fiber Backbone which are not part of the Leased Fiber or the Second Conduit; (b) preclude the City from completing such construction, repairs, relocations, and maintenance as the City reasonably believes is required by law, or as the City deems necessary to fulfill service obligations to any third party; (c) prevent the City from utilizing any third party the City deems desirable for purposes of conducting construction, repairs, relocations, or maintenance on the non-Leased Fiber and non-Second Conduit portions of the City’s Fiber Backbone; or (d) prevent the City from completing any repairs or maintenance the City deems necessary to resolve a risk to the health, safety or welfare of Boulder Persons, or of any end-users of the City for such Fiber. Furthermore, ALLO agrees that, should ALLO fail to conduct any relocations, construction, locates, or other legally-mandated service on the Leased Fiber or the Second Conduit in accordance with the timing set forth in Exhibit D, the City shall have the right, in accordance with Exhibit D, to provide the same on the Leased Fiber, the Second Conduit, or both. 5. Repair of ALLO Damages. Except for damage caused by a third-party utility owner’s or excavator’s failure to comply with applicable law, including Colorado 811 requirements, or failure to otherwise accurately identify the location of underground infrastructure, ALLO agrees to, at its sole cost and effort, promptly repair all damage caused by ALLO or its contractors to the Leased Backbone or the City’s Fiber Backbone or to any existing Fiber optic cable owned by the City. ALLO or its contractor additionally agrees to repair all damage to public and/or private property caused by ALLO or its contractors within thirty (30) days of being provided notice of such damage, unless ALLO is, in good faith, challenging the validity of the claim. If such damage poses a threat to the health, safety or welfare of the public or individuals, the City may cause repairs to be made at ALLO’s expense. ALLO shall Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 38 Attachment A - Fiber Backbone Lease Agreement Packet Page 845 of 903 reimburse the City within thirty (30) Days of receipt of invoice for the repairs. 6. Locate Services. ALLO’s repair and maintenance services shall include locate services; provided that any locate services required for the City’s Fiber Backbone during the initial 365 days after the Effective Date shall be paid by the City at a reasonable cost or facilitated by the City (or any third party designated by the City) at its cost. 7. Relocations. To the extent a relocation of the City’s Fiber Backbone is necessary, for any reason, ALLO agrees to complete such relocations within any time frames mandated by law or binding agreement affecting the City’s Fiber Backbone. Such relocations shall be completed by ALLO at ALLO’s sole effort, unless otherwise provided for by the City. The City shall reimburse ALLO for the actual cost of relocating the City’s Fiber Backbone, at costs plus 0% (i.e., no markup) so long as such rates are reasonable and customary within the Boulder market. The City shall reimburse ALLO within thirty (30) Days of receipt of invoice for its share of the relocation. ALLO agrees to provide documentation and evidence of its costs if requested by the City. For avoidance of doubt, in the event the City determines that ALLO’s costs for any given relocation are not reasonable or customary within the Boulder market, the City may utilize a third party for such services. ALLO understands and acknowledges that the City may require ALLO to relocate portions of the City’s Fiber Backbone and/or Last Mile Infrastructure, horizontally or vertically. ALLO shall at the City’s direction relocate such facilities not later than ninety (90) days after receiving written notice that the City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City facility or Public Right of Way; (b) because the City’s Fiber Backbone and/or ALLO’s Last Mile Infrastructure is interfering with or adversely affecting proper operation of street lights, traffic signals, governmental communications networks or other City property; or (c) to protect or preserve the public health or safety. In any such case, the City shall use its best efforts (but shall not be required to incur financial costs) to afford ALLO a reasonably equivalent alternate location. If ALLO fails to relocate any such facilities as requested by the City within ninety (90) days after the above-referenced notice, the City shall be entitled to relocate the City’s Fiber Backbone and/or ALLO’s Last Mile Infrastructure that is directly connected to the City’s Fiber Backbone, without further notice to ALLO. The City’s relocation of any Last Mile Infrastructure shall be at no cost to the City. For any overhead (e.g., pole mounted) Last Mile Infrastructure, if the poles are no longer in use for the electrical system associated with the network, ALLO shall be responsible for the relocation of the facilities under ground. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 39 Attachment A - Fiber Backbone Lease Agreement Packet Page 846 of 903 Should all or any portion of the City’s Fiber Backbone need to be relocated during the Term of this Agreement, the City shall be responsible for the costs associated with the removal and relocation of the City’s Fiber Backbone and the Leased Backbone, but ALLO shall be responsible for all costs associated with removal, installation and replacement of the Last Mile Infrastructure and the ALLO-owned Fiber within the Second Conduit. The City will provide at least sixty (60) days’ prior written notice to ALLO of the need for ALLO to remove or relocate the Last Mile Infrastructure in connection with any relocation of the City’s Fiber Backbone and Leased Backbone. For any overhead (pole mounted) Last Mile Infrastructure, if the poles are no longer in use for the electrical system associated with the network, ALLO shall be responsible for the relocation of the facilities. 8. Costs. ALLO’s repair, maintenance, and locate services shall be at no cost to the City; provided that the first year following the Effective Date locate services remain at the City’s costs. Such services are deemed a component of the consideration exchanged hereunder, and ALLO agrees to complete such services – for both the City and ALLO’s leased infrastructure – without seeking reimbursement or costs from the City. 9. Non-City Fiber Backbone Services. To the extent ALLO wishes to be considered for any repair, maintenance, locate, or other services for portions of the City’s Fiber network that are not included as part of the City’s Fiber Backbone, ALLO agrees it will need to participate in any procurement or selection process for such services. All services provided by ALLO, if any, for non-City Fiber Backbone work will be subject to a separate written agreement signed by the authorized representatives of the Parties. 10. Enhancements & Replacements. In the event the City determines, in its sole discretion, that any portion of the Fiber used by the City – whether in the Second Conduit or as part of the City’s reserved bundles within the Leased Fiber conduit – should be enhanced, replaced, or altered in some way, and where such enhancement, replacement, or alteration, if performed properly and in consideration of ALLO’s rights in the Leased Fiber and Second Conduit can be accomplished without affecting ALLO’s service, the City shall have the right to conduct such enhancement or replacement work. Such work shall only be performed on the City’s assets and used Fiber, though the City shall have the right to reasonable entry and changes into the Second Conduit as needed to impact the Exchanged Fiber. B. City Maintenance. 1. Authorized. The City may occasionally perform network upgrades and routine and extraordinary maintenance and repairs, as well as emergency repairs to correct any failure, interruption or impairment, of Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 40 Attachment A - Fiber Backbone Lease Agreement Packet Page 847 of 903 the City’s Fiber Backbone including the Leased Backbone. This work may be performed by City contractors. Notwithstanding the foregoing, the City shall provide ALLO with a reasonable opportunity to complete any work related to the City Fiber Backbone that may impact ALLO’s Leased Fibers or ALLO’s Fiber within the Second Conduit. In the event ALLO has unreasonable delay in providing such service, the City may select an alternative contractor. 2. Notice. The City shall provide ALLO with telephone or E-mail Notice of all non-emergency planned network maintenance at least five (5) Business Days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting ALLO’s traffic. If the City’s planned activity is canceled or delayed, the City shall promptly Notify ALLO via telephone call or E-mail and shall comply with the provisions of the previous sentence to reschedule any delayed activity. 3. Standard of Care; Cooperation. In performing any maintenance services, the City shall take workmanlike care and make commercially reasonable efforts to prevent impairment to the signal continuity and performance of the City’s Fiber Backbone, the Leased Backbone, and the Last Mile Infrastructure. In addition, the City shall reasonably cooperate with ALLO in sharing information and analyzing the disturbances regarding the cable and/or Fiber facilities. The City agrees to, at its sole cost and effort, promptly repair all damage caused by the City or its contractors to the Leased Backbone or the Last Mile Infrastructure or to any existing Fiber optic cable owned by ALLO located within Boulder. If such damage poses a threat to the health, safety or welfare of the public or individuals, ALLO may cause repairs to be made at the City’s expense. The City shall reimburse ALLO within thirty (30) Days of receipt of invoice for the repairs. X. ADDITIONAL TERMS & CONDITIONS. A. Semi-Annual Meetings. The Parties agree to meet at least semi-annually for the purposes of discussing issues pertinent to this Agreement, including the administration and facilitation of this Agreement, the construction and maintenance activities of the Leased Backbone and the City’s Fiber Backbone, and the updating of contact information, as needed. As may be occasionally requested by the City, ALLO agrees to appear before the Boulder City Council. 1. Contract Check-In Meetings. Throughout the Term, at the City’s discretion, the Parties agree to meet periodically for the specific purposes of discussing this Agreement, including, but not limited to, ALLO’s compliance with the Service Guarantees and the Monthly Rent Payment. The initial intent is to meet on a recurring six-month basis. The Parties anticipate establishing a recurring set of documentation ALLO will provide to the City at such meetings that includes reports, documentation or other methods to verify compliance and the accuracy Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 41 Attachment A - Fiber Backbone Lease Agreement Packet Page 848 of 903 of accounts for purposes of the Monthly Rent Payment. ALLO agrees to, upon request by the City, provide additional documents, records, or any other materials ALLO regularly maintains which relate to or concern compliance with this Agreement or the payments hereunder. Subject to the Colorado Open Records Act, any confidential information that is provided as part of this process, and which is clearly marked as confidential, shall be protected as such by the City. In the event of an audit, whether conducted by the City or any third party, ALLO agrees to provide such information as may be reasonably required by the auditor to verify accuracy concerning the account calculations and the Monthly Rent Payment derived therefrom. B. Casualty Event. If all or any portion of the City’s Fiber Backbone or the Leased Backbone are made inoperable and beyond feasible repair due to a casualty or other Force Majeure event (see Article XVII.H.) through no fault of ALLO, either Party shall be entitled to terminate this Agreement with respect to the applicable portions of the Leased Backbone affected by such casualty or other event. In such event, (1) both Parties shall be entitled to seek to recover the economic value of their respective interests in the City’s Fiber Backbone and the Leased Backbone, (a) under any insurance policy carried by either Party or any third party; or (b) in either joint or separate actions, from any third party that may be legally responsible for causing such casualty; and, (2) if either Party elects to terminate this Agreement as provided in this subsection and such termination occurs within two (2) years of the Effective Date, the City shall refund the Initial Rent Payment to ALLO within thirty (30) days of the effective date of termination. C. Degradation Risk. ALLO understands and acknowledges that the functional operation and good working order of the Leased Backbone can be impacted over time by normal wear and tear as well as other developments beyond the control of the City. The City shall have no responsibility for such ordinary wear and tear and ALLO shall not bring a claim against the City or seek compensation or damages from the City for such wear and tear. However, the City shall at all times make commercially reasonable efforts to ensure the Leased Backbone is Functionally Operational and in Good Working Order and suitable for ALLO’s use. D. No Liens, Mortgages or Encumbrances. ALLO shall not allow the Leased Backbone or the City’s Fiber Backbone to become subject to any lien, mortgage, or encumbrance of any kind whatsoever as a result of any act or omission of ALLO. ALLO agrees that it will not cause or permit any claims in the nature of mechanic’s liens for materials or labor placed or used under the terms of this Agreement to be filed or served upon the City with respect to the Leased Backbone or the City’s Fiber Backbone. If any lien, mortgage, or encumbrance is filed, ALLO shall (1) attempt in good faith to resolve the matter quickly; and (2) indemnify and hold harmless the City from any and all costs to remove such lien, mortgage or encumbrance, including but not limited to reasonable attorneys’ fees through appeal. Notwithstanding the foregoing, ALLO shall Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 42 Attachment A - Fiber Backbone Lease Agreement Packet Page 849 of 903 have the right to pledge, encumber, transfer in trust, mortgage, or assign its contract rights under this Agreement as collateral security for any indebtedness. E. Qualifications. ALLO or its applicable Permitted Affiliates shall, at all times during the Term remain duly authorized, licensed or otherwise qualified to offer Broadband Service as required by applicable local, state or federal laws, rules, and regulations. F. Assumption of Risk. ALLO assumes the risks and accepts all liability and damage that may occur as a result of ALLO, its agents or contractors’ work on or use of the Leased Backbone. ALLO acknowledges that it uses the Leased Backbone at its own risk. G. No Effect on City’s Authority. Nothing in this Agreement shall be construed to supersede any existing or future powers or authority of the City to regulate or control Public Right of Way or Broadband Services or other utilities that operate within the City pursuant to its regular police power. The intent of this provision is to ensure this Agreement in no way preempts or supersedes the City’s ordinary and customary powers. The City reserves the right to exercise its police powers and nothing in this Agreement shall be construed as a waiver of said police power. H. Taxes. ALLO shall be solely responsible for payments of all sales, use, property, gross receipts, excise, access, and other local, state, and federal taxes, fees, charges, or surcharges, however designated, that are imposed by any government entity on ALLO’s business and operations in Boulder. I. Subcontractors. ALLO and the City each shall require all of its subcontractors or other third-party agents who perform work on or around the Leased Backbone on its behalf to act in accordance with the terms and conditions of this Agreement. ALLO agrees it is responsible for all acts, errors of its subcontractors and any third parties acting as its agent. J. Condemnation. In the event any portion of the Leased Backbone becomes the subject of a condemnation proceeding by any governmental agency or other party having the power of eminent domain for public purpose or use, then and in such event, it is agreed that ALLO shall be entitled to independently pursue an award for its interest in such proceedings and the parties hereto agree to have any such condemnation awards specifically allocated between ALLO’s interest and the City’s interest. In the event ALLO’s interest in such proceeding cannot be severed from the City’s interest, ALLO shall be entitled to receive its proportionate share of the award for its interest in the Leased Backbone. Upon its receipt of a formal notice of condemnation or taking, the City shall notify ALLO immediately of such condemnation proceeding filed against the Leased Backbone. Further, the City shall also notify ALLO as soon as practicable if it becomes aware of circumstances out of which a condemnation or taking is likely to arise. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 43 Attachment A - Fiber Backbone Lease Agreement Packet Page 850 of 903 XI. WARRANTIES & REPRESENTATIONS. A. City’s Warranties & Representations. The City represents, warrants and covenants as follows: 1. The City is duly organized and validly exists under the laws of the state of Colorado and has full power and authority to execute, deliver and perform the terms of this Agreement. 2. The City has obtained and will maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the City Fiber Backbone including such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the maintenance of the City’s Fiber Backbone. B. ALLO’s Warranties & Representations. ALLO represents, warrants and covenants as follows: 1. ALLO is duly organized, validly exists, and is in good standing under the laws of the state of Nebraska and has full power and authority to execute, deliver and perform the terms of this Agreement. 2. ALLO has or will use its commercially reasonable best efforts to obtain and maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Leased Backbone, as well as any other such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for its operation as a Broadband Service provider, and for the installation of the Last Mile Infrastructure and the use of the Leased Backbone. 3. ALLO covenants that its use of the Leased Backbone shall at all times be in compliance with applicable law and that ALLO has received and is in compliance with all applicable regulatory authorizations. 4. ALLO shall be responsible for and shall pay all taxes or fees, including, but not limited to, franchise fees imposed by any other governmental agency or authority as a result of ALLO’s operation or use of the Leased Backbone pursuant to this Agreement. XII. INSURANCE. A. Limits. ALLO shall procure and maintain in force during the Term of this Agreement, at its own cost, the following minimum coverages, either through primary insurance coverage or through a combination of primary and excess insurance coverage, and provide the City with proof of such policies upon request: Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 44 Attachment A - Fiber Backbone Lease Agreement Packet Page 851 of 903 1. Workers’ Compensation and Employers’ Liability: state of Colorado: Statutory 2. General Liability: a. General Aggregate Limit: $2,000,000 b. Each Occurrence Limit: $1,000,000 3. Automobile Liability: Bodily Injury & Property Damage Combined Single Limit: $1,000,000 4. Third-Party Fidelity Including Employee Dishonesty While on City Premises: Each Loss: $1,000,000 5. Technology Services Errors and Omissions, Technology Products, Network Security Liability and Privacy Liability. a. Per Loss: $3,000,000 b. Aggregate: $3,000,000 6. Umbrella/Excess: Limits of at least $2,000,000 Per Occurrence B. Additional Insurance Requirements. 1. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per-occurrence basis. 2. Where commercially available, ALLO shall name the “City of Boulder, its elected and appointed officials, directors, officers, employees, agents and volunteers” as additional insureds as their interest may appear (except for Workers’ Compensation and Professional Liability). Additional insured endorsement should be at least as broad as ISO form CG2010 for General Liability coverage and similar forms for auto liability. 3. The Certificate Holder shall be identified as: City of Boulder, P.O. Box 791, Boulder, Colorado 80306. 4. All policies of insurance shall be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the City. 5. A Separation of Insureds Clause must be included in general liability policies. ALLO shall advise the City in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At its own expense, ALLO will reinstate the aggregate limits to comply with the minimum requirements and shall furnish to the City a Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 45 Attachment A - Fiber Backbone Lease Agreement Packet Page 852 of 903 new certificate of insurance showing such coverage is in force. 6. ALLO’s insurance carrier shall possess a minimum AM. Best’s Insurance Guide rating of A- VI. 7. ALLO, or ALLO’s insurance broker, shall Notify the City of any cancellation of coverage of any insurance within ten (10) Days of receipt of the insurer's notification to that effect. ALLO shall forthwith obtain and submit proof of substitute insurance in the event of expiration or cancellation of coverage. 8. The City and ALLO shall cooperate with each other in the collection of any insurance proceeds that may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 9. ALLO and its insurers shall waive subrogation in favor of Additional Insured parties. 10. ALLO shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. 11. General Liability coverage shall include a waiver of subrogation. XIII. INDEMNIFICATION. A. By ALLO. 1. To the fullest extent permitted by law, ALLO shall indemnify, defend, and hold harmless the City, its directors, officers, employees, elected and appointed officials and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing from and against all losses, claims, damages, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, losses, expenses, and costs (including but not limited to reasonable attorney’s fees and costs of defense), bodily and other personal injuries, sickness, disease or death, damage to or destruction of tangible property, and other damages, of any kind or nature suffered or incurred by the City directly or indirectly arising out of or resulting from performance of the ALLO’s obligations under this Agreement, provided that such claim, damage, obligation, demand, assessment, fine, penalty, loss, expense or cost is caused by (a) the negligent or intentional act or omission of ALLO or its representatives, employees, agents, subcontractors, or other parties for which ALLO may be legally responsible in the performance of ALLO’s obligations under this Agreement; or (b) any material breach in a representation, warranty, covenant or obligation of ALLO contained Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 46 Attachment A - Fiber Backbone Lease Agreement Packet Page 853 of 903 in this Agreement. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article XIII. ALLO’s obligation to indemnify the City as set forth in the Agreement shall survive the termination or expiration of this Agreement. 2. In order for the City to assert its rights to be indemnified, defended, or held harmless pursuant to subsection 1 hereof, the City must: (a) promptly notify ALLO of any claim or legal proceeding which gives rise to such right; (b) afford ALLO the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of such claim or proceeding; provided, however, that (i) the City shall be entitled to participate in the defense of such claim or proceeding, and in connection therewith to employ counsel at its own expense, and (ii) without the prior written consent of the City, which shall not be unreasonably withheld or delayed, ALLO shall not consent to the entry of any judgment or enter into any settlement that, pursuant to or as a result of such judgment or settlement, would impose financial costs upon the City or impose injunctive or other equitable relief against the City; and (c) fully cooperate with the reasonable requests of ALLO, at ALLO’s expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding. XIV. NOTICES. Any Notice provided pursuant to this Agreement shall be in writing to the Parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof; (2) three (3) Days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested; or (3) one (1) Day after deposit with a nationally recognized overnight courier, specifying overnight priority delivery. Any Notice provided pursuant to this Agreement shall be in writing to the Parties at the following addresses: For ALLO: ALLO Communications LLC Brad Moline President & CEO 330 S 21st St Lincoln, NE 68510 Legal@allofiber.com With a copy to: ALLO Communications LLC c/o Legal Department 121 S 13th St, Suite 100 Lincoln, NE 68508 Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 47 Attachment A - Fiber Backbone Lease Agreement Packet Page 854 of 903 For the City: City Manager City of Boulder 1777 Broadway Boulder, Colorado 80302 CMOAdmin@bouldercolorado.gov With a copy to: Boulder City Attorney’s Office Attn: City Attorney P.O. Box 791 Boulder, Colorado 80306 CAOAdmin@bouldercolorado.gov Either Party may change its address for the purposes of this Agreement at any time by giving written Notice of such change to the other Party. XV. DEFAULTS & TERMINATION. A. Events of Default. Each of the following events shall constitute an event of default: 1. The failure of ALLO to pay the Rent Payment when due, subject to Article IV. 2. If either Party fails to observe or perform its obligations under this Agreement and does not cure such failure within thirty (30) Days from its receipt of written Notice of breach without, however, limiting any other rights available to the Parties pursuant to any other provision of this Agreement. If the default may not be reasonably cured within such thirty (30) Day period, either Party may request the other Party to grant an extension of the time to cure not to exceed ninety (90) Days, consent to such extension not to be unreasonably withheld. 3. The failure of ALLO to carry and maintain insurance in compliance with all provisions of this Agreement, and, if such insurance is canceled or reduced through no fault of ALLO, ALLO’s failure to retain a replacement policy that comports with this section within thirty (30) Days. 4. The filing of a petition for bankruptcy by ALLO, the general assignment of all or a substantial portion of ALLO’s assets, or all of the Leased Backbone or any interest therein, or all of the revenue or income to be derived by ALLO by virtue of its use of the Leased Backbone, for the benefit of creditors. 5. ALLO ceases to have any of the licenses, agreement, certificates, concessions, permits, rights or privileges required for the conduct of its business and operations which loss is not remedied by the obtaining of Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 48 Attachment A - Fiber Backbone Lease Agreement Packet Page 855 of 903 a replacement license, agreement, certificate, concession, permit, right or privilege within sixty (60) Days of the loss thereof, if such loss would have a material adverse effect upon the ability of ALLO to operate, maintain, or administer a Broadband Service or to otherwise perform its obligations hereunder. B. Termination. 1. Termination Process. The non-defaulting Party shall have the right to terminate this Agreement upon the occurrence of any event of default and, if applicable from the list of “Events of Default” above, the lapsing of any cure period for such default, by giving written Notice to the defaulting Party of termination. For purposes of this Agreement, the Termination Date for such terminations shall be the date of the non-defaulting Party’s Notice. 2. Removal & Disconnection Upon Termination. Upon termination of this Agreement, for any reason, and whether by the City or ALLO, ALLO agrees to cease using the Leased Backbone. Within ninety (90) Days of the Termination Date, ALLO, at its sole option, shall either remove attachments to the Leased Backbone as set forth in subsection a. below, or, if the City so consents, sell Last Mile Infrastructure to the City pursuant to subsection b. below. The terms for each shall be as follows: a. Removal. At ALLO’s sole cost and expense, disconnect all Last Mile Infrastructure, including all connections, materials, facilities, improvements, and equipment, attached to the Leased Backbone, and remove all of the same that is located within the Leased Backbone. At the end of ninety (90) Day removal period all connections, materials, facilities, improvements, and equipment that remain within the Leased Backbone shall, at the City’s election become the property of the City, to be removed, disposed of, or re-used, as the City sees fit, and with all rights of ALLO to the same forfeited, and at ALLO’s sole cost and expense. Nothing in this subsection a. shall require that the City take ownership or rights over ALLO’s forfeited connections, materials, facilities, improvements, or equipment, or any portion thereof. b. Sale. If the City so consents, and if the Parties are otherwise able to formalize an agreement in a signed contract on mutually agreeable terms, ALLO agrees to sell all of the Last Mile Infrastructure to the City. c. Rights of First Refusal. If at any time during the Term: (i) ALLO receives a bona fide offer from an unrelated third party (i.e., a Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 49 Attachment A - Fiber Backbone Lease Agreement Packet Page 856 of 903 party not affiliated with either the City or ALLO) to purchase all, but not less than all, of the Last Mile Infrastructure in a single asset purchase that does not include assets outside Boulder, which offer ALLO desires to accept and which will result in the purchaser becoming an assignee under this Agreement, subject to all responsibilities to the City hereto; or (ii) the City receives a bona fide offer from an unrelated third party (i.e., a party not affiliated with either the City or ALLO) to purchase all, but not less than all, of the Leased Backbone or all of the City’s Fiber Backbone, which offer the City desires to accept, then ALLO or the City (as applicable, the “Offeror”) shall promptly deliver to the other Party (the “Offeree”) written notice (the “First Refusal Notice”) of such offer identifying the amount of such offer, and all other material terms and conditions of such offer, including the proposed closing date of the proposed transaction. The Offeree shall have ninety (90) days from the date of receipt of the First Refusal Notice to notify the Offeror in writing that the Offeree desires to purchase the offered assets at the amount and on the terms and conditions specified in the First Refusal Notice. If the Offeree does not notify the Offeror that it agrees to purchase the offered assets within such ninety (90) day period, at the amount and on the terms and conditions specified in the First Refusal Notice, the Offeror may sell the offered property to the party identified in the First Refusal Notice on terms and conditions which are not more favorable to such other party than those set forth in the First Refusal Notice. If such third-party sale is not consummated on the offered terms, the Offeror must first re-offer the offered property to the Offeree in writing before modifying the terms in any material respect or entering into another sale transaction with any third party. d. Nothing in this Article XV shall require that the City undertake any action or incur any cost or expenditure to remove any of the Last Mile Infrastructure. The City shall not be liable to ALLO for any costs or reimbursements associated with the removal described in this section. C. Additional Terms. 1. Cumulative. The rights and remedies provided by law and under this Agreement are cumulative and not exclusive of any other remedy available to that Party under this Agreement. 2. General Limitation of Liability. FOR AVOIDANCE OF DOUBT, NEITHER THE CITY NOR ALLO SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 50 Attachment A - Fiber Backbone Lease Agreement Packet Page 857 of 903 USE, LOSS OF BUSINESS, OR LOSS OF PROFIT, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, AND REGARDLESS WHETHER A PARTY WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF LIABILITY. THE CITY SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS OR DELAYS CAUSED BY THIRD-PARTY VENDORS. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT. THE PARTIES AGREE THIS LIMITATION OF LIABILITY PRECLUDES DAMAGES AGAINST THE CITY, OR ANY OTHER FORM OF REMUNERATION FROM THE CITY, FOR LOSS OF REVENUE OR PROFITS DUE TO THE LEASED BACKBONE NOT WORKING, “GOING DOWN,” OR OTHERWISE BEING UNABLE TO DELIVER BROADBAND OR INTERNET SERVICE. D. Disclaimers for Certain Events. For avoidance of doubt, the Parties agree as to the following: 1. Delays. Neither the City nor ALLO shall be liable to the other in any manner for any delays and/or lack of completion of construction for reasons beyond the reasonable control of such Party. 2. Third-Party Damage. The City is not liable to ALLO for damage caused to the Leased Backbone or the City’s Fiber Backbone by independent third parties that were not engaged or authorized by the City to perform work on the Leased Backbone or the City’s Fiber Backbone that are engaged in construction or other business operations which damage the Leased Backbone or the City’s Fiber Backbone. The City will respond and repair any damage to the City’s Fiber Backbone, or give ALLO the option to repair, caused by such a third party as if it were an emergency repair. 3. Electrical Outages. The City is not responsible for ALLO’s inability to use the Leased Backbone due to an electrical power outage beyond the City’s control. XVI. CABLE FRANCHISE AGREEMENT. A. Background. As part of its proposal, ALLO indicated its intent to pursue a cable franchise agreement (a “CFA”) with the City. ALLO understands and agrees that this will necessitate formal application to the City, adherence to the CFA process, public comment, and consideration by the Boulder City Council, all in conformance with Chapter 11-6, “Boulder Cable Code,” B.R.C. 1981, and, as applicable, the Cable Communications Policy Act of 1984, Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 51 Attachment A - Fiber Backbone Lease Agreement Packet Page 858 of 903 including, specifically, Subchapter V-A (“Cable Communications”) and its Parts I through V, 47 U.S.C § 521 - § 573. B. CFA Process. The CFA process may result in an executed CFA (the “ALLO-City CFA”) on terms that are mutually agreeable to the Parties, and which are substantially similar to the City’s other CFAs. Nothing in this Agreement constitutes a guarantee, warranty, promise, or commitment by the City, nor the Boulder City Council, to enter into a CFA with ALLO. The City, as well as the Boulder City Council, reserve all discretion, independence, and authority, and preserves all rights to process, evaluate, and receive public input on ALLO’s application for a CFA. ALLO agrees and understands that any CFA must proceed through the regular CFA process and is contingent upon it (and, to some extent, the City) complying with all requirements and conditions precedent to obtaining a CFA, along with the consent of the Boulder City Council, all in accordance with the standards and timing associated with the Boulder City Council’s ordinary review and approval of any CFA. Nothing in this Agreement alters, modifies, reduces, or changes the regular CFA approval process, including those standards of approval required or allowed by that process. ALLO agrees to commence the CFA process by submitting application to the City no later than thirty (30) Days after the Effective Date. Thereafter, ALLO agrees to prosecute the application and participate in the CFA process in a manner that minimizes undue delay. C. Implications of CFA. Once the ALLO-City CFA is fully executed by all Parties, the ALLO-City CFA shall be deemed automatically appended to this Agreement as Exhibit F, Cable Franchise Agreement. D. Limited Controlling Provisions. As set forth in the Conflicts & Order of Precedence (see subsection XVII.B.) the terms in this Agreement control over the terms of any CFA to the extent they are more restrictive of ALLO or more protective of the City. Notwithstanding the prior sentence, upon the Parties’ entry into the ALLO-City CFA, the Parties agree that, for only so long as the ALLO-City CFA remains effective, its terms shall control with respect to the following: 1. Public Right of Way Access. The City agrees it is reasonable and administratively prudent for both Parties to allow access and use of the Public Right of Way to be governed by the CFA for so long as it remains in effect, and, therefore, agrees to allow those terms to govern so that ALLO may benefit from any less-restrictive reviews, rights, or processes otherwise afforded under a CFA. The intent of allowing “Limited Controlling Provisions” as set forth in this subsection XVI.D. is to ensure the most protective terms for the City, and the more restrictive terms of this Agreement apply and control except for those above limited instances for which the Parties agree that the ALLO-City CFA terms apply and control. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 52 Attachment A - Fiber Backbone Lease Agreement Packet Page 859 of 903 E. Independence of Agreements. A primary intent of the Parties entering into both a CFA and this Agreement is to preserve the independence of either document in the event of termination of the other. To that end, the Parties agree as follows: 1. Effect of Termination of the ALLO-City CFA on this Agreement. In the event the ALLO-City CFA terminates, for any reason, such termination shall not affect the rights and responsibilities hereunder unless this Agreement also terminates. ALLO acknowledges that termination of the ALLO-City CFA may require that it cease providing any services which require a CFA by law but that, because this Agreement, in-and-of-itself, contemplates that Broadband Service can continue notwithstanding the termination of the CFA, ALLO’s responsibilities hereunder will continue. In the event that the ALLO-City CFA terminates, the Parties agree to negotiate in good faith to execute an agreement enabling ALLO to maintain its access to Public Right of Way on terms materially consistent with those found in this Agreement, subject to applicable law. 2. Effect of Termination of this Agreement on ALLO-City CFA. In the event this Agreement terminates, for any reason, such termination shall not affect the rights and responsibilities of the Parties under the CFA unless the ALLO-City CFA also terminates. ALLO acknowledges that termination of this Agreement will result in a loss of its access to the Leased Backbone and, accordingly, ALLO would be responsible for obtaining new or alternative means of transmission to connect its Last Mile Infrastructure. 3. ALLO’s Right to Terminate. The City understands that obtaining a CFA is critical to ALLO’s business model in Boulder. Accordingly, in the event the CFA process fails, or an ALLO-City CFA fails to materialize for any reason, ALLO shall have the right to terminate this Agreement, without penalty or recourse, and with each Party to bear its own costs and fees associated with the response, solicitation, this Agreement, and any efforts or costs associated with any draft CFA. XVII. ADMINISTRATIVE. A. Recitals Incorporated. The Recitals contained herein are hereby incorporated and deemed a part of this Agreement. B. Conflicts & Order of Precedence. In the event of any conflict among the terms and conditions that comprise this Agreement, the order of precedence to resolve such conflict shall be as follows: 1. Any duly executed Amendment, along with any executed Renewal Amendment; Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 53 Attachment A - Fiber Backbone Lease Agreement Packet Page 860 of 903 2. This Agreement’s main body; 3. Exhibit D – Construction & Installation Terms & Conditions; 4. Exhibit F – Cable Franchise Agreement (if duly executed); 5. Exhibit C – Form of Notice of Acceptance, along with any executed Notice of Acceptance; 6. Exhibit A – City’s Fiber Backbone (Depiction); 7. Exhibit B – Form of Renewal Amendment; 8. Exhibit E – Service Level Guarantees. While this Agreement is identified as having a higher order of precedence than any ALLO-City CFA, the Parties agree that, as between the two documents, those terms which are either (a) more restrictive of ALLO; or (b) more protective of the City, shall control. The limited exception to this principle is as set forth in Article XVI. C. Construction Against Drafter. The Parties intend this Agreement be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. D. Relationship of the Parties. Nothing in this Agreement shall be deemed to constitute a partnership or joint venture between the Parties, or constitute any Party being an agent of the other Party for any purpose. E. Publication & Coordination. In the event ALLO desires to use the City of Boulder’s trade or brand names, or to make other reference to or use of the intellectual property owned or controlled by the City while advertising or promoting its services, ALLO agrees to obtain prior written permission from the City for such usage and to provide the City with an opportunity to review and approve the usage and accompanying content prior to publication. 1. Recognition. The Parties agree that ALLO will recognize the City’s contribution and service to Boulder Persons by including language on its primary Boulder webpage, along with any other prominent marketing materials created by ALLO designed specifically to target Boulder Persons. With respect to the webpage, the Parties agree that the precise language and nature may be changed as mutually agreed by the Parties, but that it will initially read as follows: a header that reads: “Part of the Boulder Connect Program,” followed by text that reads, “Boulder Connect broadband provided by ALLO is supported by certain guarantees and commitments made by ALLO to the City of Boulder. Learn more about the City of Boulder’s efforts to promote broadband Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 54 Attachment A - Fiber Backbone Lease Agreement Packet Page 861 of 903 availability at [add link here].” The Parties may mutually agree to alter webpage language and content without amending this Agreement. F. Dispute Resolution. The Parties shall attempt to resolve any controversy claim, problem, or dispute arising out of, or related to, this Agreement through good faith consultation conducted in the ordinary course of business. In the event that a dispute is not resolved by the project managers of the Parties, either Party may upon Notice to the other request that the matter be referred to senior representatives within each respective Party’s organization. Senior representatives shall meet or confer at least once in good faith, to negotiate a mutually acceptable resolution within thirty (30) Days. Should the Parties be unable to settle the dispute through good faith negotiations, both Parties are free to pursue resolution of their claim through adjudication in the court below. Compliance with this subsection is a pre-requisite to filing of a suit. G. No Multi-Fiscal Year Obligation. The Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multiple fiscal year direct or indirect debt or obligation within the meaning of TABOR and notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Any failure of a City Council annually to appropriate adequate monies to finance the City’s obligations under this Agreement shall give ALLO an option to either terminate this Agreement or continue this Agreement whilst accepting all risks, pitfalls and expenses associated with the City’s non-performance of any City functions for which funding is not available. Notice shall be given promptly to ALLO of any failure to appropriate such adequate monies. This clause is supreme to all other clauses, sections, provisions, conditions, requirements, or terms of this Agreement. H. Force Majeure. No delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, pandemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing Party’s reasonable control (collectively, “Force Majeure”). In such event, however, the delayed Party must promptly provide the other Party Notice of the Force Majeure. Neither Party shall be excused from liability for delays or non-performance caused by events or conditions within its control nor for delays or non-performance which it could have foreseen and avoided, prevented or significantly ameliorated by exercising reasonable prudence or diligence, nor for any delays or non-performance Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 55 Attachment A - Fiber Backbone Lease Agreement Packet Page 862 of 903 caused in whole or in part by the Party itself. I. Agreement Subject to Law. In all respects, this Agreement is subject to applicable law. Nothing herein modifies or changes any law, regulation, rule, ordinance, policy, or other form of legal requirement normally applicable to Broadband Services. By this Agreement, the City does not waive or relinquish any authority to uphold and enforce its laws, including, specifically, those requirements in the Boulder Revised Code 1981. J. Modifications to Address Discriminatory Treatment or Favoritism. In the event any court having jurisdiction finds that the City, by virtue of this Agreement or the practices and processes hereunder, is (1) treating other providers in a discriminatory manner; or (2) granting to itself or ALLO any undue or unreasonable preference or advantage, the Parties agree to negotiate in good faith an Amendment to this Agreement that accomplishes the same objective in a manner that is legally permissible for the City, as determined by the City. In the event the Parties are unable to come to a resolution, or if at any time – with or without the above court finding – the City determines, in its sole discretion, that there is sufficient uncertainty on this issue that a court order is prudent, desirable, or necessary to avoid treating ALLO more favorably than other providers, the City may request that a court examine this issue and determine what modifications would be necessary to avoid or resolve the alleged disparity in treatment (a) without substantially prejudicing the rights of either Party; and (b) without depriving either Party of a material benefit of the bargain under this Agreement. If ALLO agrees to such proposed modifications, they shall be memorialized in an Amendment to this Agreement. If such modifications are not agreed to by ALLO, but continue to be required by the City, it may elect to terminate this Agreement. If ALLO terminates this Agreement as provided in this subsection and such termination occurs within two (2) years of the Effective Date, the City shall refund the Initial Rent Payment to ALLO within thirty (30) Days of the effective date of termination. K. Authority. Each Party warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, bylaws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind each Party to its terms. L. Assignment. Neither Party may assign or otherwise transfer this Agreement, or its duties and obligations contained in this Agreement without the prior Notice to and written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Except as otherwise provided, this Agreement shall inure to the benefit of and be binding upon the Parties and each Party’s respective successors and assigns. Notwithstanding the foregoing two sentences, no such consent shall be required for: (1) a transfer in trust, by mortgage, by other hypothecation; or (2) an assignment or transfer to a corporation, partnership, or other legal entity that is a Permitted Affiliate. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 56 Attachment A - Fiber Backbone Lease Agreement Packet Page 863 of 903 M. No Foreign Interest. In the event this Agreement is ever assigned to any non-U.S. corporation or non-U.S. entity, or any such non-U.S. entity otherwise becomes the lessee or otherwise develops a controlling interest in any corporation or entity that is the lessee – whether by assignment, merger, acquisition, bankruptcy, divestiture, or any other means, whatsoever – the City shall have the option, in its sole discretion, to immediately terminate this Agreement without penalty. N. No Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the City and ALLO. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the City and ALLO that any person or entity other than the City or ALLO receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. O. Immunity. Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the City, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of §§ 24-10-101, et seq., C.R.S., as now or hereafter amended. P. Waiver. The waiver of any breach of a term, provision, or requirement of this Agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement. Q. Entire Agreement. This Agreement embodies the entire agreement between the Parties relating to the subject matter of this Agreement and supersedes all prior agreements, representations, and understandings, whether oral or written, relating to the subject matter of this Agreement. R. Governing Law; Venue; Changes in Law. This Agreement shall be governed by and interpreted in accordance with the substantive laws of the state of Colorado and venue shall be in Boulder County, Colorado. S. Survival. Any and all provisions of this Agreement that, by their nature, would reasonably be expected to be complied with or performed after the expiration or termination of this Agreement shall survive any expiration or termination of this Agreement. T. Amendment. No Amendment or modification shall be made to this Agreement unless it is in writing and signed by both Parties. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 57 Attachment A - Fiber Backbone Lease Agreement Packet Page 864 of 903 U. Severability. The terms of this Agreement are severable. Should any term or provision of this Agreement be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision of this Agreement. V. Effective. This Agreement shall not be effective, valid or enforceable unless and until it is signed by all Parties below. The “Effective Date” of this Agreement shall be on the date of the last signing Party (the City), and the City is authorized to affix such date to the title page hereto on the date of signature. W. Electronic Signatures. This Agreement may be executed by electronic signature, which shall be considered an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, electronic signature shall include facsimile versions of an original signature, electronically scanned and transmitted versions of an original signature, and digital or digitally generated signatures. IN WITNESS WHEREOF, the Parties to this Agreement have caused it to be executed by each Party’s authorized officers as of the Effective Date. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW] Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 58 Attachment A - Fiber Backbone Lease Agreement Packet Page 865 of 903 ALLO Communications LLC By: _________________________________ Name: Bradley A. Moline Title: President & CEO CITY OF BOULDER, a Colorado home municipality By: __________________________________ Nuria Rivera-Vandermyde, City Manager ATTEST: ______________________________ City Clerk APPROVED AS TO FORM: ______________________________ City Attorney’s Office Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 59 Attachment A - Fiber Backbone Lease Agreement Packet Page 866 of 903 Exhibit A - CITY’S FIBER BACKBONE (DEPICTION) The City’s Fiber Backbone that comprises the Leased Fiber and Second Conduit (save for removals in Article II): Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 60 Attachment A - Fiber Backbone Lease Agreement Packet Page 867 of 903 Exhibit A-1 – SECOND CONDUIT GAPS Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 61 Attachment A - Fiber Backbone Lease Agreement Packet Page 868 of 903 Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 62 Attachment A - Fiber Backbone Lease Agreement Packet Page 869 of 903 Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 63 Attachment A - Fiber Backbone Lease Agreement Packet Page 870 of 903 Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 64 Attachment A - Fiber Backbone Lease Agreement Packet Page 871 of 903 Exhibit B - FORM OF RENEWAL AMENDMENT Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 65 Attachment A - Fiber Backbone Lease Agreement Packet Page 872 of 903 RENEWAL AMENDMENT TO THE [DATE] FIBER BACKBONE LEASE AGREEMENT BETWEEN ALLO AND THE CITY OF BOULDER This Renewal Amendment to the Fiber Backbone Lease Agreement (this “Renewal Amendment”) is made to be effective of this ____ day of ________________ 20__ (“Effective Date”), by and between ALLO Communications LLC, a Nebraska limited liability company, (“ALLO”), and the City of Boulder, a Colorado home rule municipality (the “City”). The City and ALLO may hereinafter be referred to individually as a “Party” or collectively as the “Parties.” RECITALS A. The Parties entered a Fiber Backbone Lease Agreement dated ______________, 2024, (the “Agreement”), pursuant to which ALLO leases Fiber optic cable along the City’s Fiber Backbone. B. Article III of the Agreement defines the “Term.” The Term of the Agreement includes both the Initial Term and any Renewal Terms. The Initial Term is set to expire on ________________, 2044. C. In accordance with Article III, the Parties, by mutual agreement, may extend the Term for up to ten (10) years. D. By this Renewal Amendment, the Parties desire to extend the Term by a Renewal Term. AGREEMENT NOW THEREFORE, in consideration of the promises and obligations set forth below, the Parties agree to amend the Agreement as follows: 1. The Recitals above are hereby incorporated into this Renewal Amendment. 2. The Parties agree to add a Renewal Term to the Term of the Agreement. By this Renewal Amendment, the Term is hereby extended for an additional ten (10) year period, meaning the Agreement will now expire on _______________, 20___. 3. [If the City and ALLO agree to different Monthly Rent Payments for the Renewal Term; otherwise deleted]: The Parties agree that the Monthly Rent Payment due for this additional extension shall be in the amount of _______________________($__________U.S. Dollars) per subscriber account. 4. Except as amended herein, the Agreement shall remain in full force and effect pursuant to its current terms and conditions. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 66 Attachment A - Fiber Backbone Lease Agreement Packet Page 873 of 903 IN WITNESS WHEREOF, the Parties hereto have caused it to be executed by each Party’s authorized officer as of the Effective Date. ALLO Communications LLC By: ___________________________________ Name: _________________________________ Title: __________________________________ CITY OF BOULDER, a Colorado home rule municipality By: __________________________ __________________________, City Manager ATTEST: _____________________________ City Clerk APPROVED AS TO FORM: _____________________________ City Attorney’s Office Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 67 Attachment A - Fiber Backbone Lease Agreement Packet Page 874 of 903 Exhibit C - FORM OF NOTICE OF ACCEPTANCE Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 68 Attachment A - Fiber Backbone Lease Agreement Packet Page 875 of 903 FIBER BACKBONE LEASE AGREEMENT Notice of Acceptance This Notice of Acceptance (this “Acceptance”) is issued pursuant to Article VII of the Fiber Backbone Lease Agreement between ALLO and the City of Boulder dated ____________ 2024. In accordance with Article VII, Testing & Acceptance, ALLO hereby confirms as follows: A. ALLO completed testing on the following portions of the Leased Backbone: [Describe tested portion of Leased Backbone] B. ALLO has confirmed that the above-described portions of Leased Backbone are accepted by ALLO. The date of this Acceptance, which shall serve as the Acceptance Date for purposes of the Agreement, is as follows: ______________ 20___. ALLO Communications LLC By: ______________________________ Name: ____________________________ Title: _____________________________ Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 69 Attachment A - Fiber Backbone Lease Agreement Packet Page 876 of 903 Exhibit D - CONSTRUCTION & INSTALLATION TERMS & CONDITIONS This Exhibit D shall govern the construction and installation processes, terms, and conditions. A. Design. 1. Acceptance of the City’s Fiber Backbone. ALLO has had the opportunity to receive the City’s as-built and design plans for the Broadband Network. ALLO has conducted physical inspections on a variety of parts of the City’s Fiber Backbone, verifying locations and technology fitness in the process, including all Acceptance Testing ALLO deemed necessary or prudent to verify the capabilities of the City’s Fiber Backbone. ALLO accepts the City’s Fiber Backbone as it is currently constituted and represents that it is feasible to design its Last Mile Infrastructure and meet the requirements of this Agreement utilizing the existing City Fiber Backbone. ALLO issued a Notice of Acceptance, attached to this Agreement as Exhibit C. 2. Design - Generally. Except for the limitations, constraints, obligations, and explicit City promises made herein, ALLO shall have all authority and duty surrounding the design of its Broadband Network. Such design, and all Network Elements incorporated into the Broadband Network, shall ensure the Last Mile Infrastructure can support Broadband Internet Service within Boulder. a. Central Offices. The City understands that ALLO will need to build two central office facilities that, while not necessitating a large footprint, will need to be located along the Leased Backbone to provide redundancy, allow ALLO to respond to network issues quickly, and the locations for which may impact overall project phasing. ALLO understands identification of suitable locations for these central offices is ultimately ALLO’s responsibility, but the City agrees to work with ALLO within reason to help ALLO identify suitable locations. In the event City property is identified, the City may execute a long-term lease agreement for such central office facilities on commercially reasonable terms and at a market rate that the city manager determines to be commensurate with the locations identified. The authorization for any such long-term lease (or leases) shall be subject to Boulder City Council approval. 3. GIS Design. ALLO will collaborate with utility professionals, including engaging local (non-City) utility experts to produce a GIS design that accounts for right of way permits/real property constraints, existing utility infrastructure, and which is based upon quality GIS information. The GIS design will be finalized with input from local utility experts and the ALLO construction team, resulting in a final comprehensive design for the defined area. ALLO’s design will utilize redundant connections where feasible for all infrastructure that the City deems critical. 4. City Reviews. Any review or approval of ALLO’s (a) design, plans, or as-builts; or (b) technical specifications; or (c) project approach, phasing, or construction plans Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 70 Attachment A - Fiber Backbone Lease Agreement Packet Page 877 of 903 or processes, shall not constitute a representation, warranty, guarantee, or assertion by the City as to any elements of the design’s functionality, safety, or the location of utilities or property rights. ALLO is responsible for ensuring its design comports with law and all utility and property rights. B. Project Team & Construction Planning. 1. Project Team. Throughout the construction phase of the project, each Party shall maintain a Project Team that is comprised of representatives with backgrounds that are necessary or beneficial to the advancement of the project. 2. Identification. The Project Team members for the Parties are as follows: a. The Project Team members for the City are: • Mark Garcia (garciam2@bouldercolorado.gov) • Mike Giansanti (giansantim@bouldercolorado.gov) • Such other staff as may be determined by the City b. The Project Team members for ALLO are: • Todd Heyne (todd.heyne@allofiber.com) • Al Schroeder (al.schroeder@allofiber.com) • John Surber (john.surber@allofiber.com) • Robert Beiersdorf (bob.beiersdorf@allofiber.com) • Andrew Vinton (andrew.vinton@allofiber.com) • Such other staff as may be determined by ALLO The Parties may replace these team members at their discretion, but agree to otherwise keep team members with similar backgrounds and roles involved with the Project Team throughout the construction cycle. 3. Project Team Duties. The Project Teams will undertake the following: a. Project Plan. The Project Teams shall initially meet for the purposes of ALLO preparing a construction project plan (the “Project Plan”) that, as ALLO deems appropriate, incorporates the City’s thoughts and input. The Project Plan will map out the complete lifecycle of the project, including work phasing/sequencing, timing of permitting applications, and target deadlines for geographic areas to receive Broadband Service. The Project Plan shall include a Gantt chart (or similar charting) that shows the entire planned cycle of the project. The Project Plan shall accommodate and be consistent with the requirements of this Agreement. The Project Plan will be of sufficient detail concerning the probable placement of Last Mile Infrastructure that the City can use to conduct any planning or coordination required of it in anticipation of the work schedule. Once ALLO is satisfied with the Project Plan, ALLO will provide a PDF copy to the City. ALLO agrees to finalize the Project Plan, and provide a copy of the same to the City’s Project Team, no later than sixty (60) Days after the Effective Date of this Agreement. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 71 Attachment A - Fiber Backbone Lease Agreement Packet Page 878 of 903 i. The City acknowledges the economic implications phasing and timing of building out in certain areas over others may have on ALLO. Nonetheless, ALLO agrees to work with the City in creating a phased approach to construction that ensures certain high-need areas of the community and critical facilities are serviced during early-build-out. While the Parties agree this will necessitate further discussions, ALLO agrees to phase its work in a manner that promotes at least some of these communities and facilities receiving Broadband Service early in the construction cycle and otherwise balances out phasing so that high-need or lower-income communities and facilities are included in early phasing. ii. Once the Project Plan is finalized, ALLO agrees to complete construction in accordance with the phasing and timing of the Project Plan. Notwithstanding the foregoing, the City acknowledges and agrees that ALLO may make reasonable modifications to the Project Plan in response to issues such as permitting, weather, and other factors that may be difficult to predict. iii. To promote transparency, ALLO agrees to provide information on its webpage concerning the timing, phasing, and planning for ALLO’s Last Mile Infrastructure build-out, including, but not limited to, a map that clearly shows the public where ALLO’s Broadband Service is available within Boulder. b. Weekly Meetings. The Project Teams will meet weekly unless the Parties mutually agree to forgo any week’s meeting. For each meeting, ALLO will update the City on build-out developments for the prior two weeks. The Project Teams will also discuss problems encountered, solutions to those problems, upcoming activities, and additional topics that either ALLO or the City want to address. During these meetings, ALLO will communicate with the City about any operational, technical, permitting, or geotechnical challenges encountered that may result in delays in the timing of completing the work. c. Monthly Status Reports. ALLO will submit to the City a written monthly status report. The report need not be long or detailed, but it must, at a minimum, address the following in separately numbered sections: i. New Areas Served – A listing of new geographic areas which ALLO believes are capable of being served with Broadband Service, along with the estimated total number of new addresses for which ALLO’s Broadband Services has been made available; ii. Upcoming Areas Served – A listing of geographic areas for which ALLO has received all permits, completed all necessary prerequisites, and is planning to commence construction within both (A) the subsequent month; and (B) the subsequent three (3) months, along with the estimated total number of new addresses for Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 72 Attachment A - Fiber Backbone Lease Agreement Packet Page 879 of 903 which ALLO’s Broadband Services are projected to be made available for each (one-month and three-month look-forward); iii. Claims, Permitting, Licensing or Legal Concerns – Any claims, difficulties, permitting or licensing issues, or any other issues of legal significance, whether to the project or the City obligations hereunder, for which ALLO wants to ensure the City is aware, including any City-caused delays; iv. Timing – A brief statement affirming that the project is on schedule according to the Project Plan or, if not, an approximation of how catch-up will be obtained including any planned acceleration; and, v. Miscellaneous – Anything else ALLO wishes to report. The delivery of the written monthly status reports does not replace the Notice provisions under this Agreement, and ALLO must still effectuate formal Notice in conformance with that provision as required under this Agreement. C. Permits & Right of Way Access. 1. Right of Way Permitting. ALLO understands and agrees that the City must treat ALLO the same as all other similarly situated persons and entities requesting permits for similar work or otherwise seeking to construct a similar project in the right of way. ALLO agrees that the City will process all permits and right of way construction activities in accordance with its normal permitting, inspection, and right of way processes and procedures. ALLO will adhere to all permit conditions. The City’s Project Team shall have no responsibility to communicate with the City’s right of way or utility personnel concerning any issues surrounding ALLO’s construction, planning, permitting, or access. ALLO does not and cannot expect City staff to advocate for changes in the policies or practices or to communicate with City right of way or utility personnel on behalf of ALLO or in support of the project. a. ALLO understands and agrees that the City’s project manager does not have authority to issue permits or to otherwise circumvent or impede the normal permitting review and issuance process. Accordingly, any confirmation by the City’s project manager that construction can commence or is otherwise authorized by the City remains subject to ALLO obtaining a right of way permit and otherwise meeting all review, inspection, approval, and acceptance requirements associated with the City’s right of way permit process. b. ALLO understands its work will be subject to the Boulder Revised Code 1981 and has had the opportunity to review the City’s code. The City strongly encourages ALLO to review all B.R.C. 1981 provisions contained in Title 8, Chapter 5, “Work in the Public Right-of-Way and Public Easements,” and Title 11, Chapter 6, “Boulder Cable Code,” B.R.C. 1981. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 73 Attachment A - Fiber Backbone Lease Agreement Packet Page 880 of 903 c. Where feasible, ALLO agrees to work with the City to complete its construction in a way that coincides with the City’s Transportation Management Plan. The City acknowledges there is some uncertainty with respect to such plan, but the Parties will, nonetheless, make their best efforts to coordinate such that right of way work (including any potential joint trenching) can occur in a manner that is consistent with the plan. 2. Recurring City Concerns. The City has provided ALLO with a list of recurring, common issues the City encounters in permitting. ALLO agrees to work in good faith and with diligence to try to account for these recurring issues at the time of applying for permits. ALLO understands it is solely responsible for all ditch crossing needs. ALLO understands it will need to produce traffic control plans and phasing that are not inordinately disruptive to vehicle, bike, or pedestrian mobility or safety. 3. Permits. ALLO shall be responsible for obtaining all permits, licenses, permissions and approvals necessary to complete its work. ALLO is responsible for complying with any requirements set forth by governing permitting authorities. This includes the submission of completed permit application and required submittals and attachments, as well as the creation and submittal of traffic control plans. 4. Permit Fees. ALLO will pay all permit fees, including those of the City. 5. Unique Permits. If any work requires ALLO obtain permits with Boulder County, Colorado, or any railroad or ditch authorities, ALLO will build in reasonably appropriate lead times for such permits. 6. City Staffing. Nothing in this Agreement shall require that the City prosecute permit applications within a specific timeframe, retain additional resources needed to facilitate ALLO’s potential influx of applications, or otherwise act upon ALLO permits in a timeframe that is different from its normal permit processing. D. Construction Requirements. 1. Construction Approach. The Broadband Network construction design will utilize a reasonable, safe build interval. Once applicable agreements are approved by the Parties, ALLO’s proven construction management processes will be utilized to produce a safe and orderly build while minimizing construction hassles to the residents and businesses of Boulder. 2. Responsibility. Any plan of action, method of work, or construction procedure by ALLO shall be at its sole risk and responsibility. 3. Construction & Maintenance Standard - General. ALLO agrees that all its telecommunications equipment and infrastructure shall be constructed, installed, maintained and operated in accordance with good engineering practice in the Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 74 Attachment A - Fiber Backbone Lease Agreement Packet Page 881 of 903 telecommunications industry to assure, as far as reasonably possible, uniformity in the quality of service provided and the safety of persons and property. 4. Equipment. All equipment, supplies, and materials integrated into the Last Mile Infrastructure shall be of sufficient number, kind, and quality to ensure that Broadband Service is capable to all Boulder Persons if they request service and wish to become a Boulder ALLO Customer. 5. Design and Construction Standards. The Parties have reviewed the City’s Design and Construction Standards. The Parties agree that the following sections are applicable to ALLO’s work and, therefore, ALLO agrees to comply with the same: Section 4.06 – Separation of Utilities Section 4.07 – Undergrounding of Utilities Section 9.21 – Telecommunication or Cable System Standards These sections may not be the only sections from the City’s Design and Construction Standards which are applicable. 6. Equity Promotion. ALLO will endeavor to advance the City’s equity goals with who completes the work, i.e., a diverse workforce and/or opportunities for minority- or women-owned Business Enterprises to perform a portion of the work. 7. Community Engagement. ALLO will publicize and communicate with the public about its forthcoming and ongoing construction activities, responsiveness to community concerns about construction site location, and its strict observance of City regulations on hours of activity. ALLO should minimize disruption to pedestrian, bicycle, and vehicle traffic and communities. ALLO is expected to engage closely with the City’s community engagement team prior to project phases being constructed. 8. Hours of Activity. Work activity shall be performed in the Public Right of Way or public easements between the hours of 7 a.m. and 5 p.m. unless the City otherwise approves a variance. ALLO understands that the City may grant variances that allow certain work activities to occur outside of these hours. Such variances are subject to law and approval will be based upon the factors identified in Section 8-5-17, B.R.C. The Parties agree that these variances may be granted on an area basis, provided that: (a) ALLO agrees to submit by e-mail requests for variances in the form of a memorandum that describes the specific areas in which work is anticipated to be completed, the nature of the work, the precise nature of the variance requested and the type of work for which it is requested, and agrees to limit noise to the greatest extent possible outside of ordinary work hours; and (b) ALLO understands any variance granted shall be revocable in the sole discretion of the City. ALLO and the City acknowledge and agree that, subject to the City’s reasonable discretion, ongoing review and applicable law, the Parties intend for variances to be granted promptly and on an ongoing basis. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 75 Attachment A - Fiber Backbone Lease Agreement Packet Page 882 of 903 9. Interior Activities. ALLO shall be responsible for coordinating all interior site access and lateral fiber termination within any facilities, including any Boulder ALLO Customer. For City facilities, if requested by ALLO, the City will provide site contacts for coordination and access to site surveys. ALLO shall perform site surveys prior to placement of any lateral conduits, vaults or Fiber on City property. 10. Notice of Construction Activities. Construction communication will begin at a time reasonably believed, but no less than seventy-two (72) hours in advance, to provide sufficient notice to affected property owners prior to construction starting in a service area. Direct mail, door hangers, websites, yard signs, yard darts, and other communication may be used to inform the public about construction in the area. The goal is to make the project as hassle-free for City staff as possible. 11. Timeliness. ALLO shall make commercially reasonable efforts to complete the work by the agreed-upon deadlines without compromising the quality of work. 12. Safety. During all construction activities ALLO will prioritize the safety of the public and its workers. ALLO will conduct all construction in a safe, efficient, and workmanlike manner. a. ALLO will adhere strictly to all requirements in Occupational Safety and Health Administration regulations on workplace safety and well-secured work sites with clear signage that safely diverts pedestrian, bicycle, and vehicle traffic. b. ALLO will adhere to all applicable standards and requirements contained in the most recent version of the National Electric Safety Code. 13. Coordination with Other Entities. ALLO will be responsible for all coordination with other entities that may be required for its work, including other utilities or facilities that may be affected by its work. Without limiting any more stringent requirements contained herein or which may be required by law, ALLO shall (a) economically minimize construction expenditures by coordinating construction with other entities, such as the joint use of trenches for cable, where joint construction is both safe, cost effective, and in the best interest of all parties; (b) take reasonable action to protect service to the public, such as identifying the location of underground facilities that may be affected by construction work for other entities; (c) maintain a database or some other form of quickly accessible information at its facilities sufficient to allow facility location coordination and participation in a program on a statewide basis to minimize service interruptions caused by accidental cutting of cables; and, (d) engage in coordination with electric power utilities in the area prior to constructing new plant or a major rebuild of existing plant that may be impacted by inductive interference from the electric power systems. 14. Roadway or Other Utility Projects. In the event the City or any governmental entity (e.g., CDOT) has roadwork or utility construction activity planned, and where any ALLO construction can be completed in conjunction with such Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 76 Attachment A - Fiber Backbone Lease Agreement Packet Page 883 of 903 construction activity, the City may request that ALLO adjust its planning to coincide with the public roadway work. Upon such request, ALLO agrees to work in good faith to assess whether its work can be completed in conjunction with the roadway or utility work and to re-organize its scheduled activities in response, if practicable. ALLO further agrees to conduct any surveyor staking necessary to identify its existing or proposed infrastructure to support the project. 15. Technical Details. In addition to those requirements, standards, conditions, and processes contained in applicable law or identified elsewhere herein, ALLO agrees to the following: a. Conventional Boring. Construction will utilize conventional directional boring. All boring shall be done in accordance with the City’s Design and Construction Standards. Underground boring will be used for underground placement, thereby minimizing surface restoration issues. If, for any reason, ALLO determines boring is not feasible, appropriate, or cost effective for a given location, ALLO may, by written request to the City, request limited exception to use alternative means for installing the infrastructure. Such limited exception will be granted in the City’s sole discretion and must be memorialized in a writing appearing on City letterhead that is issued by the City. ALLO must ensure any design plans or as-built drawings are updated to reflect the distinct infrastructure, and that the City has a copy of the same. ALLO shall resolve any surface disturbances caused by ALLO, whether through boring or some other means of installation, as required by the B.R.C. 1981 and the City’s Design and Construction Standards. For avoidance of doubt, this subsection 15.a., and the City’s project manager’s authority hereunder, remains subject to all laws, rules, regulations, ordinances, design standards, and requirements, including those independent requirements of permitting. The City acknowledges and agrees that no vertical profile plan-set and no pre-potholing for Subsurface Utility Engineering Quality Level B (as defined by the American Society of Civil Engineers) shall be required unless specifically requested by the City in writing. i. Any directional boring shall consist of boring, tracking and pull back by means of directional bore at 30” minimum depth (18”-24” if the shallower depth would avoid encountering rock), locating existing pipelines and utilities, digging, restoring and compaction of bore pits, removal and disposal of excess bore fluids, spoils and/or excess bore pit materials, surface restoration to pre-construction conditions, site clean-up and other items needed to complete the work except as called out separately in other bid items. ALLO and the City acknowledge and agree that, subject to the City’s reasonable discretion, ongoing review and applicable law, the Parties intend for variances to be granted promptly and on an ongoing basis. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 77 Attachment A - Fiber Backbone Lease Agreement Packet Page 884 of 903 ii. Limited overhead cabling may be permitted by the City in accordance with City code and other requirements for alleys or other areas where boring is not feasible, not to exceed ten percent (10%) of the overall Last Mile Infrastructure network build. b. Handholes. i. Use of Existing. ALLO agrees to, whenever possible, utilize existing handholes into the Leased Backbone to avoid the need for additional cutting and splicing. Any and all access to the Leased Backbone outside of existing access points will be performed in consultation with the city and with the City’s authorization. ii. Locations. ALLO shall avoid placing handholes in hardscape, sidewalks, bike and multi-use paths wherever possible based on industry standards. Handholes shall be considered in hardscape where placement in the softscape is impractical, and only after submittal review and approval from the City on a case-by-case basis. All restoration shall be completed per sections 02200 EXCAVATION AND TRENCHING and 02520 SIDEWALK CURB AND GUTTER AND MISCELLANEOUS CONCRETE of the City’s Design and Construction Standards. c. Protection of Existing Infrastructure & Soft Dig Verification. ALLO will conduct soft digs and visually verify locations of existing City-owned utilities within proposed pathways prior to directional boring. Existing City utilities found and verified shall be documented with GPS locations and redlines included on final construction as-builts with size, type, owner, depth and offset measurements. This work shall be a project requirement and submitted as part of the project deliverables in an effort to comply with 811 requirements for subsurface utility locating. Once all marked utility locations are physically identified, ALLO will adjust running lines as needed to keep minimum vertical and horizontal separation from existing utilities per the City’s Design and Construction Standards, Section 4.06. d. Parallel Separations. Parallel separations between utility mains and services shall be in accordance with the Design & Construction Standards. e. Trenching Standards. All trenching shall be conducted in accordance with the City’s Design and Construction Standards. ALLO understands that revisions to the standards are currently being undertaken but that it will, nonetheless, adhere to such standards once they are formally adopted. The City agrees to provide ALLO with a written copy of such standards promptly after they are published and available to the public. f. Open Cut & Trenching. ALLO shall ensure all open cut and trenching activities include the removal and disposal of spoil and/or surplus trench excavation material, dewatering; sheeting, shoring and or bracing; bedding; backfilling and compaction of job excavated material or placement and compaction of flowable fill or imported granular backfill (if preapproved by the City), surface restoration to pre-construction conditions, site clean-up, Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 78 Attachment A - Fiber Backbone Lease Agreement Packet Page 885 of 903 and other items as needed to complete the work except as called out separately in other bid items. g. Inadvertent Fiber Cuts. In the event that an unplanned Fiber Cut occurs to any City Fiber, including the City’s Fiber Backbone, and ALLO is the at-fault party, ALLO agrees to, at its sole cost and expense, diligently and expeditiously repair or replace the cut line. Any repair or replacement of a Fiber Cut line shall not diminish the operational abilities or capacity of the Fiber. h. Fiber Splicing. ALLO will be responsible for providing all labor, material, and equipment necessary to open panels or cases as well as performing any necessary splicing. All splices shall be of one optical Fiber strand in any cable in accordance with splice loss threshold. ALLO shall apply splice heat shrink and shall stow the spliced Fiber in a Fiber organizer. After each splice, ALLO agrees to test all lines to assess functionality. Any re-splicing necessary due to splicing resulting in an impermissible reduction in the splice loss threshold shall be re-done at ALLO’s own expense. ALLO agrees to address any deficiencies remaining in the line prior to leaving the site or, if they cannot be addressed, to Notify the City by E-mail to report the issue and address the deficiencies within a reasonable time thereafter. i. Fiber Testing. For any connection to the City’s Fiber Backbone, ALLO will conduct OTDR and Power Meter Testing for each single-mode field splice in one direction. The splice loss of each field splice shall not exceed 0.2 dB at 1310 and/or 1550 nanometers. Power Meter testing will consist of using an Optical Power Meter to test the end-to-end attenuation: Attenuation (dB) = Pref-Ptest loss at 1310 and 1550 nanometers and documenting results. ALLO shall provide all testing documentation to the City. 16. ALLO’s Provision of As-Builts. After the completion of all project construction ALLO will, no later than sixty (60) Days following completion of construction activity, provide the City with copies of its final construction as-builts and construction drawings. All copies will utilize a GIS-based format compliant with ESRI ArcGIS. The City will advise ALLO on the exact format of data and shapefiles to be delivered in as-builts. a. Additional Requests. In the event all initial build-out of the Last Mile Infrastructure is not completed on or by the completion deadlines set forth herein, ALLO shall, if requested by the City, but no more than once per six-month period, provide copies of as-built documentation and construction drawings on those portions of the infrastructure for which it has completed construction. 17. Communication of Ongoing Work. The Parties agree that communication and coordination of their respective work on the City’s Fiber Backbone is important. To further this, the Parties agree to identify a long-standing system that is agreeable to both Parties of sharing when either Party will be entering handholes, conducting significant work on the City’s Fiber Backbone, and to provide the other Party with the opportunity to be present during such work when feasible and practicable. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 79 Attachment A - Fiber Backbone Lease Agreement Packet Page 886 of 903 Exhibit E – SERVICE LEVEL GUARANTEES 1. Upon implementation of the Last Mile Infrastructure, in the event ALLO suffers a network outage outside of (a) events defined as Force Majeure; (b) scheduled network maintenance; (c) emergency network maintenance; (d) a network outage resulting from the City’s non-performance of its obligations under this Agreement; or (e) a network outage resulting from the negligent acts or omissions of the City or its agents or employees; then ALLO will adhere to the following credit schedule: i. 98.0% to 98.9% ALLO’s network uptime, measured monthly: 2% of monthly fees paid by an individual customer for the month in which the outage occurred, credited a to customer’s account. ii. 97.0% to 97.9% ALLO’s network uptime, measured monthly: 4% of monthly fees paid by an individual customer for the month in which the outage occurred, credited to a customer’s account. iii. 96.0% to 96.9% ALLO’s network uptime, measured monthly: 6% of monthly fees paid by an individual customer for the month in which the outage occurred, credited to a customer’s account. iv. Below 96% ALLO’s network uptime, measured monthly: 8% of monthly fees paid returned to customers for the month in which the outage occurred credited, to a customer’s account. ALLO shall have the right to compensate customers for outages through application of credits to the affected customers’ accounts, provided, however, that bill credits shall be automatically applied to affected Boulder ALLO Customers, without need of those customers complaining or notifying ALLO. 2. ALLO will strive to answer eighty percent (80%) inbound customer phone calls within ninety (90) seconds and all inbound E-mails during regular business hours within one (1) Business Day. Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 80 Attachment A - Fiber Backbone Lease Agreement Packet Page 887 of 903 Exhibit F – CABLE FRANCHISE AGREEMENT Item 5A - Approval of Broadband Fiber Lease Agreement with ALLO Communications Page 81 Attachment A - Fiber Backbone Lease Agreement Packet Page 888 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M C ontinued public hearing to consider: 1. A motion to find that there is interest in considering a Service Area expansion into the Area III-Planning Reserve as part of the 2025 major update to the Boulder Valley C omprehensive Plan. Following the joint public hearing with the Planning Board on November 14, 2024, City C ouncil moved to continue the hearing to November 21, 2024. On November 19 and 21, the two bodies, respectively, will deliberate and consider a motion regarding its interest in considering a Service Area expansion into the Area III-Planning Reserve as part of the 2025 major update to the BVC P. No additional testimony will be taken on this subject at the continued hearings. P RI MARY STAF F C ON TAC T Sarah Horn, City Planner Senior RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E Motion authorizing city staff to conduct an Area III-Planning Reserve C ommunity Needs Study. AT TAC H ME N T S: Description I tem 5B - Area I I I - P R Serv ice Area Expansion Community Needs Study Authorization Packet Page 889 of 903 CITY OF BOULDER CITY COUNCIL AGENDA ITEM CONTINUED HEARING MEETING DATE: November 21, 2024 AGENDA TITLE City Council continued public hearing to consider: (1)A motion to find that there is interest in considering a Service Area expansion into the Area III-Planning Reserve as part of the 2025 major update to the Boulder Valley Comprehensive Plan. Following the joint public hearing with the Planning Board on November 14, 2024, City Council moved to continue the hearing to November 21, 2024. On November 19 and 21, the two bodies, respectively, will deliberate and consider a motion regarding its interest in considering a Service Area expansion into the Area III-Planning Reserve as part of the 2025 major update to the BVCP. No additional testimony will be taken on this subject at the continued hearings. Item 5B - Area III - PR Service Area Expansion Community Needs Study Authorization Page 1 Packet Page 890 of 903 PRESENTER(S) Nuria Rivera-Vandermyde, City Manager Chris Meschuk, Deputy City Manager Mark Woulf, Assistant City Manager Brad Mueller, Planning & Development Services (P&DS) Director Kristofer Johnson, Comprehensive Planning Senior Manager, P&DS Sarah Horn, Senior City Planner, P&DS Chris Douville, Deputy Director of Operations, Utilities Chris Douglass, Utilities Engineering Senior Manager, Utilities Kim Hutton, Water Resources Senior Manager, Utilities Valerie Watson, Interim Director, Transportation & Mobility Gerrit Slatter, Civil Engineering Senior Manager, Transportation & Mobility Ali Rhodes, Director, Parks & Recreation Mark Davison, Planning Senior Manager, Parks & Recreation Joel Wagner, Deputy Director, Finance James Macdonald, Tax Manager, Finance Teresa Tate, City Attorney Laurel Witt, Assistant City Attorney II, City Attorney’s Office EXECUTIVE SUMMARY The Boulder Valley Comprehensive Plan (BVCP) establishes a clear process for consideration of a Service Area expansion into the Area III-Planning Reserve: “The city may consider a service area expansion into the Area III-Planning Reserve following acceptance of the baseline urban services study. Service Area expansion may occur at a mid-term or major update to the BVCP. At the beginning of each BVCP update, the Planning Board and City Council will hold a public hearing to determine if there is interest in considering a Service Area expansion as part of that update. If the city is interested in considering a Service Area expansion, a planning effort to solicit and identify priority community needs will begin.” The Urban Services Study (USS) was considered for acceptance on November 7, 2024. If accepted, Step 1 of the Service Area expansion process will be complete. Per the procedures outlined in the BVCP, after acceptance of a USS and at the beginning of a BVCP update, Planning Board and City Council must hold a public hearing to determine whether a Service Area expansion should be considered during the BVCP update. If Planning Board and City Council are interested in exploring Service Area expansion further, a community needs study (Step 2) will be incorporated into the BVCP Major Update project. Both bodies need to find there is an interest in considering a Service Area expansion as part of the 2025 BVCP update for the process to continue. If one or both bodies do not approve such interest, the process will stop, and Service Area expansion cannot be considered until the next mid-term or major BVCP update. Item 5B - Area III - PR Service Area Expansion Community Needs Study Authorization Page 2 Packet Page 891 of 903 If both bodies approve considering a Service Area expansion, a planning effort to conduct a community needs study is authorized (Step 2). The process for the community needs study within the BVCP Major Update is outlined below. The process would culminate with public hearings with City Council and Planning Board at the end of the community needs study to determine if the needs are of sufficient priority to warrant preparation of a Service Area Expansion Plan (Step 3). STAFF RECOMMENDATION BACKGROUND The Area III-Planning Reserve (Planning Reserve) is approximately 500 acres in size and was identified through the 1993 Area III Planning Project as the portion of Area III where the city maintains the option of expansion for future urban development in response to priority community needs that cannot be met within the existing Service Area (Areas I and II). Nearly 200 acres of the 500 acres was acquired by the city and is designated for parks and related uses. Most of the remaining acreage is held in private ownership. A three-step process for Service Area expansion (i.e., changing of the Area III-Planning Reserve designation to Area II which allows for annexation) was set in place in 1995 and is defined in the BVCP to ensure a methodical approach to potential expansion of the city into the Planning Reserve. In 2015, the process was revised to incorporate the Urban Services Study as the first step in the expansion process. Per the BVCP, “the purpose of the study is to learn more about the feasibility and requirements to provide urban services to the area, and to understand potential phasing and logical areas of planning and potential expansion.” Prioritized by the 2022 City Council, staff prepared an Urban Services Study (USS) over the last year (Step 1). The USS provided an objective technical analysis of the feasibility, phasing, and potential costs of extending urban services into the Area III-Planning Reserve and was considered for acceptance (“was accepted”) by City Council on November 7, 2024. With the acceptance of the USS, Planning Board and City Council are now required to hold a public hearing to determine whether the Service Area Expansion process should be Suggested Motion Language: Staff requests council consideration of this matter and action in the form of the following motion: A motion to find that there is interest in considering a Service Area expansion into the Area III-Planning Reserve as part of the 2025 major update to the Boulder Valley Comprehensive Plan. Item 5B - Area III - PR Service Area Expansion Community Needs Study Authorization Page 3 Packet Page 892 of 903 considered during the BVCP update. On November 14, 2024, the City Council and Planning Board held a joint public hearing. Both bodies moved to continue to the public hearing on November 19 and 21, respectively. If there is such interest from both bodies, a planning effort to solicit and identify priority community needs (Step 2 of the Service Area expansion process) will be incorporated into the BVCP Major Update process. If both bodies do not authorize a community needs study, Service Area expansion cannot be considered until the next BVCP update. ANALYSIS If Planning Board and City Council both approve considering a Service Area expansion as part of the 2025 BVCP update, staff will move forward with Step 2 of the Service Area expansion process and a community needs study will be incorporated into the BVCP Major Update project. As defined in the current BVCP, the community needs study is intended to: • Help identify and prioritize community needs. • Assess underutilized capacity in existing service infrastructure or regulations (e.g., zoning) within the existing city Service Area in relation to identified needs. • Determine if these needs can reasonably be met within the current Service Area boundary, which could include policy adjustments or enhanced infrastructure, or if there is sufficient community need to warrant a Service Area expansion. • Determine if expansion will address long-term BVCP values and will benefit existing residents in the Boulder Valley as well as future generations. City staff will be assessing a variety of needs across the entire community as part of the update process. Those needs will be evaluated within the context of existing policies and infrastructure capacity of the current Service Area, and the potential opportunities and constraints offered by the Area III-Planning Reserve. Multiple solutions may be possible to address these community needs and expansion into the Planning Reserve will be considered alongside alternative options as part of the overall BVCP upd ate. A preliminary approach to continue exploring a Service Area expansion through the BVCP update is outlined below. The preliminary approach is designed to fully incorporate community engagement and policy considerations related to Area III- Planning Reserve into the BVCP update process to ensure a comprehensive review and analysis of community needs and potential solutions. Jan – Mar 2025 Community engagement related to Community Needs (aligned with BVCP Update Phase 2) • Use Existing Conditions data to identify preliminary unmet needs • Engage community through Vision, Values, and Focus Areas activities to discuss preliminary needs identified by staff, add new needs brought forward by community members, and prioritize most critical needs Item 5B - Area III - PR Service Area Expansion Community Needs Study Authorization Page 4 Packet Page 893 of 903 Apr – May 2025 Preliminary Analysis of Needs (aligned with early BVCP Update Phase 3) • Determine if priority community needs could reasonably be addressed within the current Service Area through policy adjustments or enhanced infrastructure • If needs could be addressed through the Planning Reserve, include Service Area expansion in Draft Policy Framework to be further explored through detailed analysis in BVCP Update Phase 3. Jun – Oct 2025 Analysis of Service Area Expansion (aligned with late BVCP Update Phase 3) • Analyze Service Area expansion as a possible solution to priority community needs alongside alternative or additional options that maintain the existing Service Area • Engage with the community to explore various policies/tools to meet community needs, including Service Area expansion, and weigh possible tradeoffs of each alternative Nov 2025 - Feb 2026 Determination on Step 3 Service Area Expansion Plan (aligned with early BVCP Update Phase 4) • If Service Area expansion appears to be a viable alternative based on community feedback, prepare analysis of Service Area expansion per the criteria outlined in the BVCP (see below) • Refer unmet priority community needs to Boulder County • Host public hearings with Planning Board and City Council to determine if the unmet needs are of sufficient priority to warrant a Service Area Expansion Plan (likely Dec 2025 or Jan 2026) • If needs are of sufficient priority, develop policies to be incorporated into the draft of the BVCP update. • Service Area Expansion Plan process (Step 3) would occur after completion and adoption of the BVCP update. At the end of the Community Needs Assessment, public hearings with City Council and Planning Board will be held to determine if the needs are of sufficient priority to warrant preparation of a Service Area Expansion Plan. Prior to the public hearings, the identified needs will be referred to the county. Per the BVCP, to determine if there is sufficient need to expand, the city will consider the following factors: a. Community Value: Expansion will address a long-term community value as articulated in the Comprehensive Plan. b. Capacity: Expansion is needed because there is not suitable existing or potential land/service capacity within the existing Service Area. c. Benefit: Expansion will benefit the existing residents in the Boulder Valley and will have a lasting benefit for future generations. Item 5B - Area III - PR Service Area Expansion Community Needs Study Authorization Page 5 Packet Page 894 of 903 NEXT STEPS If both bodies find there is an interest in considering a Service Area expansion as part of the BVCP update, a planning effort to conduct a community needs study (Step 2) is authorized and will be incorporated into the update process. If it is determined that there is sufficient community need to warrant a Service Area expansion at the completion of Step 2, the final step (Step 3) of the process is to develop a Service Area Expansion Plan for a portion or all of the Area III-Planning Reserve. The preparation of this plan would occur at some time after completion of the BVCP update (after 2026). A Service Area Expansion Plan is considered for approval through public hearings by four bodies including the City of Boulder Planning Board and City Council, along with Boulder County Planning Commission and Board of County Commissioners. If approved, portion(s) or all of the Area III-Planning Reserve could then be reclassified from Area III-Planning Reserve to Area II during the next mid-term or major update to the BVCP, and properties within Area II will become eligible for annexation. Item 5B - Area III - PR Service Area Expansion Community Needs Study Authorization Page 6 Packet Page 895 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 B O ARD S AN D C O MMI SSI O N S I T E M September 9, 2024 Water Resources Advisory Board Signed Minutes P RI MARY STAF F C ON TAC T Karen Sheridan, Board Secretary AT TAC H ME N T S: Description 09.09.24 WRAB Signed Minutes Packet Page 896 of 903 CITY OF BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES Name of Board / Commission: Water Resources Advisory Board Date of Meeting: 9 September 2024 Contact Information for Person Preparing Minutes: Karen Sheridan, 303-441-3208 Board Members Present: John Berggren, Amy Broughton, Katie Bridges, Steve Maxwell Board Members Absent: Steve Maxwell Staff Present: Joe Taddeucci, Director of Utilities Joanna Bloom, Utilities Deputy Director of Policy and Planning Chris Douglass, Utilities Engineering Manager Chris Olson, Wastewater Engineering Supervisor Karen Sheridan, Board Secretary Agenda Item 1 – Call to Order [6:00 p.m.] Agenda Item 2 – Approval of 15 July 2024 Meeting Minutes [6:01 p.m.] Motion to approve: Broughton Seconded by: Bridges Vote: 3:0 Agenda Item 3 – Public Participation and Comment [6:02 p.m.] Lynne Segal: I’m upset, as Joanna knows very well, about my water bill being a hundred dollars a month. You know first of all, I don’t even irrigate. And I know we have sewer and stormwater and floodwater. I get all of that. But there’s got to be a better way of like being more equitable with elders (I’m 71) or with lower income people or fixed income people so proportionally they pay less of those fees, which make up 90% of my bill. I mean we’re always pushing for DEI in Boulder, right. And with housing prices, the insurance going up, the property taxes going up, and this Jared Polis thing isn’t even going to get done. Do you know that was $260 or $280 million savings rather than $3.4 billion savings is what he could have done. It seems like that’s kind of a cheap fix on the part of Jared for our property taxes, and so they settle out of court, the court being public opinion. But it’s pretty crippling. It’s kind of like upping the minimum wage, you know? And the people want to delay it and not bring it up too high. But you know what, that’s an overnight bang. As soon as you give people free money they spend it like bang, and then your economy goes bang, you know? So, there are ways to solve these problems. The other thing I’m thinking you could or should (I don’t like to be pedantic, I come from a family of educators and I hate when people educate me), but these micro apartments and efficiencies are very costly for water. The water that it takes to make things, to make toilets, for a house to have 5 to 10 toilets, you know, like they should have to pay for having more toilets than they have people. It’s utterly ridiculous. And the same for washers and dryers. Laundry facilities take a lot of water to make. Water is life. My daughter is a water artist. She takes geographical data and transforms it into structural, three- dimensional boards to demonstrate to people how they’re using their water. So I couldn’t ask for more because my name means water. My brother was a water treatment guy with the city for his career. You know he’s a water chemist. Thanks. Just try to branch out to the broader picture of what’s happening because water gets used so much everywhere and so inefficiently. Agenda Item 4 – Matters from Board [6:08 p.m.] No matters were presented. Agenda Item 5 – Matters from Staff [6:09 p.m.] •Council letter provided in packet outlining 11 priorities •What’s Up Boulder -Held at East Boulder Community Center on September 7. -Utilities maintenance demonstrated water meters. -Flood team presented project information. -Water Resources team attended. •Main Sewer Improvements Project, presented by Chris Olson -Western side of town offers advantageous downhill topography. -System is gravity with exception of one lift station. -Local sewers collect, flow to larger-diameter trunk sewers, which are collected on the east side of town in main interceptor. -Main interceptor runs from southern side of town north to the Water Resource Recovery Facility. Packet Page 897 of 903 -Earliest project references date back to 1960s. -Existing line constructed in 1968, some line lost in 1969 flood. -System remained intact with heroic efforts during 2013 flood. -Compromised section of existing interceptor relocated in 2015. -Wastewater Collection System Master Plan developed 2016 to 2020. -Project addresses capacity, condition, flood vulnerability, risk reduction. Agenda Item 6 – Discussion of Future Schedule [6:29 p.m.] •October: Backflow Prevention Program Code Updates; Upper Goose Creek Flood Project Update. •November: Retreat likely to move February 2025; Town of Nederland Wastewater IGA; Possible tour of 63rd Street Water Treatment Plant Upgrades. •December: No meeting. Agenda Item 9 – Adjournment [6:30 p.m.] Motion to adjourn by: Bridges Seconded by: Broughton Motion Passes 3:0 Date, Time, and Location of Next Meeting: The next WRAB meeting will be held in hybrid format on Monday, October 21, at 6:00 p.m. APPROVED BY: ATTESTED BY: Board Chair: _________________________ Board Secretary: ____________________________ Date: _______________________________ Date:______________________________________ An audio recording of the full meeting for which these minutes are a summary is available on the Water Resources Advisory Board web page via the Access Meeting Agendas and Materials link. Water Resources Advisory Board | City of Boulder (bouldercolorado.gov) 10/22/24 10/22/24 Packet Page 898 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 B O ARD S AN D C O MMI SSI O N S I T E M October 9, 2024 Environmental Advisory Board Signed Minutes P RI MARY STAF F C ON TAC T J onathan Koehn, Climate Initiatives Director AT TAC H ME N T S: Description October 9, 2024 E nv ironmental Adv isory B oard Minutes Packet Page 899 of 903 CITY OF BOULDER COLORADO BOARDS AND COMMISSIONS MEETING SUMMARY NAME OF BOARD/COMMISSION: Environmental Advisory Board DATE OF MEETING: October 9, 2024 NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Heather Sandine, 303-441-4390 NAMES OF MEMBERS, STAFF AND INVITED GUESTS: Environmental Advisory Board Members Present: Brook Brockett, Alex Bothwell, Hernan Villanueva, Hannah Davis (virtual, attended second half of meeting) Environmental Advisory Board Members Absent: none City Staff Members & Presenters Present: Jonathan Koehn, Carl Castillo, Heather Sandine 1. CALL TO ORDER A. B. Brockett declared a quorum and called the meeting to order at 6:02 PM. B. H. Sandine reviewed the meeting protocols. 2. APPROVAL OF MINUTES A. On a motion by B. Brockett, seconded by A. Bothwell, the Environmental Advisory Board (EAB) approved the September 4, 2024 meeting minutes. 3. PUBLIC PARTICIPATION A. None 4. DISCUSSION ITEMS A. Policy Statement on Regional, State and Federal Issues. i C. Castillo spoke about the city’s policy work and proposed changes to the 2025 Policy Statement on Regional State and Federal Issues. The 2025 policy statement may include policy actions related, but not limited, to improvements to electrical infrastructure to reduce wildfire risk, safety-related power shut offs, urban canopy to reduce heat, improvements in the built environment to reduce heat in buildings, climate literacy, restoring clean air, and establishing national motor vehicle safety testing requirements focused on pedestrian safety. ii A. Bothwell asked for more information about how council is involved in the city’s policy work. iii C. Castillo said that all council members provide feedback on the statement. Some are more engaged with advocacy work than others. iv H. Villanueva asked how effective the city’s policy work was in the last session and wanted to know more about the overlap between the Boulder Valley Comprehensive Plan, the Climate Action Plan and the Policy Statement. v C. Castillo will share the legislative summary with the board so they can see more information about what bills the city supported were passed in previous sessions. Packet Page 900 of 903 Packet Page 901 of 903 C OVE R SH E E T ME E T I N G D AT E Nov ember 21, 2024 AG E N D A I T E M World A ID S Day Declaration P RI MARY STAF F C ON TAC T Megan Valliere, Assistant to City C ouncil AT TAC H ME N T S: Description World AI D S Day Declaration Packet Page 902 of 903 Packet Page 903 of 903